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Home My WebLink AboutAgenda Packet 2000/11/14 (3) CITY COUNCIL AGENDA November 14, 2000 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CIIY OF CHUIA VISI'A City Council City Manager Patty Davis David D. Rowlands, Jr. John S. Moot City Attorney Stephen C. Padilla John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow VVVVVVVVVV The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 47 VVVVVVVVVVV NOVEMBER 14, 2000 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Offm~1Pity Clerk and that I posted this document on the bulletin board according to 6rownActrequirementa. ~ 6'OfX M L .... . Dated ilf,clJeee Signed A' .b1J!f1'. U{~0 CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE: COMMISSION LARRY PERONDI - PARKS AND RECREATION · PRESENTATION BY ROD DAVIS, EXECUTIVE DIRECTOR OF THE CHULA VISTA CHAMBER OF COMMERCE, UPON HIS RELOCATION TO THE EAST COAST · PRESENTATION BY SANDAG REGARDING AIRPORT ECONOMIC ANALYSIS · PRESENTATION OF A PROCLAMATION TO THE 2000 VETERAN OF THE YEAR - JAMES "BOB" LIND · PRESENTATION OF A PROCLAMATION TO JOHN WILLETT FOR HIS OUTSTANDING EFFORTS IN COORDINATION OF THE OTAY RIVER VALLEY CLEAN-UP PROJECT; AND RECOGNITION OF CERTAIN INDIVIDUALS FOR THEIR CONTRIBUTIONS TO THE CLEAN-UP PROJECT: Pete Flores (Donovan Prison), Charles Moore (Pacific Waste Services), Steve Miesen (Otay Land Fill), Bud Chase (Allied Waste Industries), Frank Herrera-A (Chula Vista Planning Department), Bill Ullrich (Chula Vista Public Works Department), Byron Wisbnek (San Diego Open Space Management), Sgt. Bill Frew (San Diego Police Department Street Team), Sgt. Roxana Kennedy (Chula Vista Police Department), Kevin O'Neill (O'Neill Construction), Gary McCall (Hanson Aggregate), Kyla Winters (The Alfa Project), Wayne Dicky (Otay Valley Regional Park Committee), Michael Meacham (Chula Vista Special Projects Manager) CONSENT CALENDAR (Items I through 18) The staff recommendations regarding the follOWing items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES OF OCTOBER 24 AND NOVEMBER 7,2000 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on November 7, 2000, there were no actions taken which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTiNG AN iNJURY ILLNESS pREVENTION PROGRAM FOR THE CITY OF CHULA VISTA The City is required to maintain a written Injury Illness Prevention Program (IIPP) under the California Code of Regulations, Title 8, Chapter 4, Subchapter 7, Section 3203. The IIPP outlines the employee safety programs that the City has in place to help prevent occupational injuries and illnesses. The adoption and support of the plan presented will satis fy this requirement. (Director o f Human Resources) Staff recommendation: Council adopt the resolution 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONTINUATION, ON A FULL-TIME, PERMANENT BASIS OF THE POSITION OF RISK MANAGEMENT SPECIALIST/SAFETY AFTER DECEMBER 31, 2000 AND AMENDiNG THE FISCAL YEAR 2000/2001 BUDGET, THEREFOR (4/5THS VOTE REQUIRED) In March of 1999, based on a recommendation made in a staffing study conducted by the City's Special Projects Manager, Council authorized the addition of a Risk Management Specialist position in the Safety Program for an 18-month period, and an evaluation of the position at the expiration of that period. The evaluation has been completed, and the on-going need for the position has been established. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDiNG THE CURRENT FISCAL YEAR BUDGET BY RECLASSIFYING ONE BUILDiNG PROJECT SUPERVISOR iN PUBLIC WORKS/ENGiNEERiNG TO SENIOR BUILDiNG PROJECT SUPERVISOR; ONE PROGRAMMER/ANALYST POSITION IN MANAGEMENT AND INFORMATION SERVICES TO LEAD PROGRAMMER/ANALYST; AND THREE SENIOR MANAGEMENT ANALYST POSITIONS IN ADMINISTRATION TO PRINCIPAL MANAGEMENT ANALYST (4/5THS VOTE REQUIRED) The addition of duties and changes in level or authority and/or responsibility to these positions necessitates reclassification to the next level in the class series. These changes are requested to continue to effectively meet the service demands on the City. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 11/14/2000 Page 2 - Council Agenda 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ESTABLISHMENT OF A TECHNOLOGY REPLACEMENT INTERNAL SERVICE FUND AND APPROPRIATING $585,000 FROM UNANTICIPATED STATE SUBVENTION REVENUE IN THE GENERAL FUND AS A TRANSFER TO ESTABLISH AN ADEQUATE RESERVE (4/STHS VOTE REQUIRED) During the Fiscal Year 2000/2001 budget process, staff proposed creating a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment, including microcomputers, printers, and the City's UNIX minicomputer, staff, having defined the initial replacement schedule and identified a source of funds for an adequate reserve, is now seeking approval to establish the fund. (Director of Management and Information Services) Staffrecommendafion: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL On October 3, 1995, Council approved the closure of Center Street between Third Avenue and Church Avenue on Thursday afternoons for the Downtown Farmers' Market. The Market area was expanded on June 24, 1997 to include a portion of Church Avenue in order to accommodate an increased number of farmers and add a section for craft booths. The Farmers' Market has grown in popularity and again needs to expand. In accordance with the adopted conditions of approval, the street closure must be extended bY Councilbefore December 31, 2000. (Director of Community Development) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-IULA VISTA AUTHORIZING AYRES LAND COMPANY AS MANAGER OF ACI SUNBOW, LLC TO CONSTRUCT THE PORTIONS OF EAST PALOMAR STREET IDENTIFIED AND INCLUDED IN SUNBOW II, PHASES lB, lC AND 2A, AS WELL AS THE POGGI CANYON DETENTION BASIN INCLUDED IN THE PHASE lA CONTRACT, AND RECEIVE CREDIT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES The City has received letters dated March 3, 2000 and October 9, 2000 from Ayers Land Company requesting authorization and Transportation Development Impact Fee credit for construction of roadway facilities along East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow II, Phases lB, lC and 2A, and for improvements related to Olympic Parkway construction between Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon and mitigation (general biological, wetlands, CSS) for Phase lA and lB roads. (Director of Public Works) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda 11/14/2000 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The City of San Diego has approved a Joint Use Agreement with the City of Chula Vista for the Otay 2nd Pipeline to be relocated within Olympic Parkway, Pasco Ranchero and the City of San Diego water easement adjacent to Telegraph Canyon Road, which is also within publicly maintained open space. The agreement outlines each party's responsibilities and obligations for that portion of Olympic Parkway, Pasco Ranchero and the easement area that is being used jointly for public fight-of-way, open space maintenance, the conveyance of water, sewer and storm drainage. (Director of Public Works) Staff recommendation: Council adopt the resolution. 10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A" FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $200,000 FOR GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD PROJECT On September 26, 2000, Council passed Resolutions 2000-333 and 2000-334 approving the rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On October 10, 2000, Council passed Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids. On October 17, 2000, Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids. On October 24, 2000, the City Council passed Resolution 2000-386 approving the award associated with the fourth set of bids. Approval of tonight's resolution will accept the lowest responsive bids and award all the contracts as designated for award on Exhibit "A" coveting the remaining trade work associated with the construction of the Corporation Yard project. (Director of Public Works) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWINE AVENUE (STM-344) 11/14/2000 Page 4 - Council Agenda At 2:00 p.m. on November 1, 2000 in Conference Room 3, the Director of Public Works received sealed bids for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the City of Chula Vista, CA (STM-344)" Project. The general scope of the project involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement and other work necessary to complete the project from Oleander Avenue to Brandywine Avenue to meet the Olympic Parkway construction to the east. (Director of Public Works) Staff recommendation: Council adopt the resolution. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A TEN-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN A PORTION OF LOT "A" OF MAP 13845, ASSESSOR'S PARCEL NUMBER 643-350-10 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A TEN-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN A PORTION OF LOT "A" OF MAP 13845, ASSESSOR'S PARCEL NUMBER 643-350-10 A request has been received to vacate and relocate a ten-foot pedestrian access easement within the property owned by The Otay Ranch Company. In accordance with Chapter 4, Section 8333 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of resolutions ordering said summary vacation and relocation of such easements. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-PARTy AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MERKEL AND ASSOCIATES, INC. FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR TELEGRAPH CANYON CREEK IMPROVEMENTS OFF-SITE MITIGATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Army Corps of Engineers issued a nationwide permit for the Telegraph Canyon Creek improvements project. In accordance with this permit, a Mitigation Plan was prepared for the off-site mitigation requirement. The services of a qualified biological monitor are necessary for the implementation of this plan as well as other conditions of the permit. This report requests that the City Council approve the proposed contract with Merkel and Associates, Inc. for $39,513.00 to provide consulting services as the Environmental Monitor Specialist (biologist) to implement all of the conditions of the Telegraph Canyon Creek environmental permits. (Director of Planning and Building, Director of Public Works) Staff recommendation: Council adopt the resolution. Page 5 - Council Agenda 11/14/2000 14 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL, AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND PACIFIC BAY PROPERTIES, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR ROLLING HILLS RANCH (ALSO KNOWN AS SALT CREEK RANCH), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL, AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND MCMILLIN OTAY RANCH LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN (INCLUDING VILLAGES ONE AND FIVE), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL, AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND OTAY PROJECT L.P., APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN (INCLUDING VILLAGES ONE, FIVE, AND ONE WEST), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In compliance with state law, Mitigation Monitoring and Reporting Programs were adopted by Council for the Rolling Hills Ranch (AKA, Salt Creek Ranch) Sectional Planning Area Plan and Otay Ranch, Sectional Planning Area One Plan (SPA One). SPA One includes Villages One, Five, and One West. State law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This report requests that the City Council approve the proposed contracts with Merkel & Associates for a total of $44,372 annually to provide consulting services as the Environmental Monitor Specialist (biologist) for Rolling Hills Ranch (AKA, Salt Creek Ranch) and Otay Ranch, SPA One and to waive the formal bidding process. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 15 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE, APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAD AGREEMENT, AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING AN ADDITIONAL $226,025 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/STHS VOTE REQUIRED) Page 6 - Council Agenda 11/14/2000 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE, APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE CITY OF CHULA VISTA MULITPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING AN ADDITIONAL $145,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) In April 1999, MNA Consulting was retained by the City to draft a revised MSCP Subarea Plan (Plan), assist in the drafting of the Implementing Agreement, and assist in processing the Plan and Implementing Agreement through the public hearing and wildlife agencies' approval processes. In October 2000, Council adopted the Draft MSCP Subarea Plan. There are a variety of tasks necessary to ensure smooth and timely implementation of the Plan, and the City wishes to acquire incidental take authority for Quino checkerspot butterfly, a species not covered under the MSCP. City staff has determined that the scope of work for completion of the City's MSCP Subarea Plan has expanded, and additional tasks have been identified related to Plan implementation and legal review. Staff recommends that the existing agreements with MNA Consulting and Remy, Thomas and Moose, LLP (Remy Thomas) be amended to include the expanded scope of work. The resulting fiscal impact of approving the MNA Consulting and Remy Thomas contracts would be an amendment to the Fiscal Year 2000/2001 budget to appropriate $226,025 and $145,000, respectively, from the available fund balance of the General Fund to the Department of Planning and Building. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO SUBMIT A GRANT PROPOSAL TO THE CALIFORNIA COASTAL COMMISSION WHALE TAIL COMPETITIVE GRANTS PROGRAM; AND AUTHORIZING THE NATURE CENTER DIRECTOR TO ENTER INTO A CONTRACT WITH THE CALIFORNIA COASTAL COMMISSION IF A GRANT IS AWARDED The Chula Vista Nature Center has been invited to submit proposals to receive grant funds from the California Coastal Commission pursuant to the Commission's 2000/2001 Whale Tail Grants Program funded through the sale of the Whale Tail Coastal Protection License Plates. A resolution of the City Council authorizing the Nature Center's grant proposal submittal and designating the agency's representative is a required element of the submittal. (Nature Center Director) Staff recommendation: Council adopt the resolution. Page 7 - Council Agenda 11/14/2000 17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING LOWEST BID DUE TO DISPARITIES IN BID PROPOSAL, AWARDING CONTRACT FOR THE CORRUGATED METAL PIPE (CMP) REHABILITATION AT AUTUMN HILLS UNIT 1 (DR-152) PROJECT TO FORD CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $278,000, APPROPRIATING $40,000 FROM THE AVAILABLE FUND BALANCE IN THE SEWER FACILITIES REPLACEMENT FUND AS A LOAN TO CAPITAL IMPROVEMENT PROGRAM PROJECT DR-152, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT (4/STHS VOTE REQUIRED) At 2:00 p.m. on Friday, November 3, 2000, the Director of Public Works received sealed bids for the corrugated metal pipe (CMP) rehabilitation at Autumn Hills Unit 1 (DR-152). This project provides for the rehabilitation of two existing 42-inch corrugated metal pipes. The 42-inch CMP lines are located within and adjacent to the Autumn Hills Unit 1 condominium property. The Autumn Hills Unit 1 condominium property is situated, in general, between Malta Avenue and Maple Drive. The pipe lining method to be employed by the successful low bidder for the project is Cured-In-Place pipe liner. The work also includes all labor, material, equipment, transportation, protection and restoration, and traffic control necessary for the completion of the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CHULA VISTA POLICE OFFICERS' ASSOCIATION EXTENDING THE MOU FOR TWO YEARS AND PROVIDING ADDITIONAL COMPENSATION AND BENEFITS AND AMENDiNG THE FISCAL YEAR 2000/2001 BUDGET, AND APPROPRIATING $282,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) The Police Officers' Association and City negotiators have met to discuss various amendments to the Police Officers Association MOU, including extending the MOU (currently scheduled to expire on June 30, 2003) through June 30, 2005. (City Manager) Staffrecommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. Page 8 - Council Agenda 11/14/2000 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 19. CONSIDERATION OF ADOPTION OF A RESOLUTION WAIV1NG GRADING DEVIATION POLICY NO. 460-02, AND AUTHORIZING THE INITIATION OF PROCEEDINGS FOR THE TRANSFER OF CITY OPEN SPACE PROPERTY TO CERTAIN RESIDENTS WITHIN THE BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO. 4 The resident at 426 Camino Elevado, Mr. Juan Quintero, brought to the City's attention that there exists a discrepancy in the legal lot boundary between his property and the adjacent City-owned open space lot. After examination, staff determined that there are likely several properties in the subdivision with rear yards encroaching into the adjacent open space lot as result of a failure to process boundary adjustment documents by the developer back in 1974. Mr. Quintero wishes to process a boundary adjustment document that will correct the boundary discrepancy. Staff is recommending waiving Council Policy 460-02, Grading Deviation Policy, for Mr. Quintero and the other residents with similar boundary problems within the Bonita Ridge Estates Open Space District No. 4 for a period of two years and allowing the residents to process boundary adjustment plats in order to eliminate the discrepancy. (Director of Public Works) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAiVING GRADING DEVIATION POLICY NO. 460-02, AND AUTHORIZING THE INITIATION OF PROCEEDINGS FOR THE TRANSFER OF CITY OPEN SPACE PROPERTY TO CERTAIN RESIDENTS WITHIN THE BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO. 4 20. CONSIDERATION OF ADOPTION OF THE CARBON DIOXIDE REDUCTION PLAN The CO2 Reduction Plan was developed as a tool to reduce the effects of carbon dioxide on the environment. The plan consists of 20 action measures of which 11 have been successfully implemented since 1997. The remaining measures have been reviewed by staff for future implementation. (Director of Planning and Building) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CARBON DIOXIDE REDUCTION PLAN ITEMS PULLED FROM THE CONSENT CALENDAR Page 9 CouncilAgenda 11/14/2000 OTHER BUSINESS 21. CITY MANAGER'S REPORTS A. Scheduling of meetings. 22. MAYOR'S REPORTS 23. COUNCIL COMMENTS CLOSED SESSION 24. CONFERENCE WITH LEGAL COUNSEL REGARDING iNITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ADJOURNMENT to the Regular Meeting of December 5, 2000, at 4:00 p.m. in the Council Chambers. Page 10 - Com~cil Agenda 11/14/2000 l1-1l-Z000 06:06PM FROM-SII'OETWAliR GRANTS AND COMlILfiICATIOOS +61V6111m T-020 P.OOI/OOI F-716 (f)" SWEETWATER UNION HlGH SCHOOL DISTRICT ~ . ,Grants and CommunicatiDns Departmmt 619-691.5578 FAX 619-422~957 MEMORANDUM Date: November 13,2000 To: Pany Wesp Council Mernbers City of Chula Vista From: J an Godfrey Grants and Communications Director Re: Culture of Lawfulness Student Assembly We would like to invite you to attend a student assembly with our special guest, Rand Beers, Assistant Secretary of State for the Bureau ofInternational Narcotics and Law Enforcement. Assistan, Secretary Beers will be meeting with high-school students in Tijuana and at Castle Park High who are participating in a Culture of Lawfulness crime prevention program. Beers will give a short speech during the assembly. The press has been invited to cover the evenl. Jt Date: November 15, 2000 Time: 10: 15 or 10:30 (for 45 min. to 1 hr.) Place: Castle Park High School Cafeteria 1395 Hilltop Drive Chula Vista Special gueslS from Ihe U.S. and Mexico are: . Rand Beers, Assistant Secretary of Stale for the Buxeau ofInternational Nalional Narcotics and law Enforcement (INL) Richard Gonzalez, Consul General, U.S. Consulate, Tijuana Elizabelh McKay, Representative oflhe U.S. Embassy in Mexico City Pete Gonzalez, Representative of the U.S. Embassy in Mexico City John Gise. Program Officer U.S. Department of State Lorenzo Gomez Morin. Education Secretlll'y of Baja California Carlos Franco, Regional Delegate to the Secretariat of Education (SEP) in Baja California Oscar Romero, Aide to Lorell2o Gomez Morin Jesus Obregon, Chief of Public Relation for SEP in Tijuana Jose Luis Noriega, Regional Delegate 10 the Secretariat of Foreign Relations in Tijull:llB . ~~ ~tJ ~- - ~ ..LiI -~~ ~/~t DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OCTOBER 24, 2000 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore, City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY DEPUTY CITY MANAGER POWELL OF NATIONAL AWARD BY THE NATIONAL PURCHASING INSTITUTE, THE NATIONAL ASSOCIATION OF PURCHASING MANAGEMENT AND THE CALIFORNIA ASSOCIATION OF PUBLIC PURCHASING OFFICERS FOR EXCELLENCE IN PUBLIC PROCUREMENT AND RECOGNITION OF PURCHASING AGENT COGGINS AND STAFF OF THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT Deputy City Manager Powell presented the award to Council, stating that Chula Vista was one of only five cities nationwide to receive the award. He then introduced the Purchasing Division Staff, John Coggins, Meldy Odviar, Suzanne Brooks, Lupe Lucero, and Jason Harris. Purchasing Agent Coggins thanked Council and Deputy City Manager Powell for their support. . PRESENTATION OF A PROCLAMATION COMMENDING CHARLOTTE McCONNEY FOR HER DEDICATION AND SERVICE TO SENIOR CITIZENS Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Ms. McConney. CONSENT CALENDAR (Items 1 through 19) Mayor Horton noted that Item #8 would be removed from the Consent Calendar for separate consideration. 1. APPROVAL OF MINUTES OF OCTOBER 10 AND OCTOBER 12,2000 Staff recommendation: Council approve the minutes. DRAFT CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 2827, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ADD CHAPTER 2.57, DESIGN-BUILD CONTRACTS, TO ESTABLISH THE PROCEDURE FOR THE SELECTION AND AWARD OF DESIGN-BUILD CONTRACTS In March 2000, the voters approved Proposition B, amending City Charter section 1009, Public Works Contracts, to allow the City to award contracts pursuant to the Design- Build project delivery system. Proposition B required the City to approve an implementing ordinance establishing the bidding and award procedures for this new process. (City Manager/Director of Public Works) Staffrecommendation: Council place the ordinance on second reading for adoption. 3. RESOLUTION NO. 2000-369, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285 SHIRLEY STREET AND AUTHORIZING THE CITY ENGINEER TO APPROVE SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT AGREEMENTS FOR REMAINING RESIDENTS ON SHIRLEY STREET The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285 Shirley Street, to connect his residence to the public sewer main in Shirley Street and pay the sewer connection fees of $6,290 over a ten-year period at six percent interest. (Director of Public Works) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION NO. 2000-370, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH VILLAGE ONE, PHASE SEVEN, NEIGHBORHOODS R-18 & R-48, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION NO. 2000-371, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "BOO MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ONE, NEIGHBORHOODS R-18 AND R-48, CHULA VISTA TRACT NO. 96-04A, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19448, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 Council Minutes 10/24/2000 DRAFT CONSENT CALENDAR (Continued) On May 4, 1999, by Resolution No. 19448, Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Phase 7. On May 9, 2000, by Resolution No. 2000-208, Council approved the Village One "A" Map No.2. Adoption of the resolutions approves the first Final "B" Map within Village One, Phase 7. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. 5 A. RESOLUTION NO. 2000-372, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 98-06, OTAY RANCH VILLAGE ONE WEST, NEIGHBORHOODS R-51A, R- 5IB, R-52 AND R-53, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION IMPROVEMENTS AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION NO. 2000-373, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 98-06, NEIGHBORHOODS R-51A, R-5IB, R-52 AND R-53, PORTION OF VILLAGE ONE WEST, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On August 17, 1999, Council approved a Tentative Subdivision Map for Chula Vista Tract 98-06, Otay Ranch SPA One, Village One West. On August 22, 2000, Council approved Village One West "A" Map No.1. Adoption of the resolutions approves four final "B" Maps within Village One West. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 6A. RESOLUTION NO. 2000-374, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT WITH THE OTAY RANCH COMPANY ASSOCIATED WITH THE SECOND BOND SALE OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH VILLAGES 1 AND 5), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND DIRECTING STAFF TO INITIATE THE PROCEEDINGS FOR THE SECOND BOND SERIES B. RESOLUTION NO. 2000-375, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CONTRACT FOR APPRAISAL SERVICES WITH BRUCE HULL, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 Council Minutes 10/24/2000 DRAFT CONSENT CALENDAR (Continued) Adoption of the resolutions approves a reimbursement agreement with the developer for the second bond sale for Community Facilities District 99-1. The reimbursement agreement requires the developer to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the second bond sale. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION NO. 2000-376, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC, A CORPORATION, AND THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, AND AUTHORIZING THE CITY MANAGER TO APPROVE THE AGREEMENT The City acquired right-of-way easements on portions of Otay Valley Road in connection with the Robinhood Ridge Subdivision. SDG&E has requested that the City enter into a joint use agreement upon, over, under and across that certain easement and right-of-way granted to SDG&E. SDG&E has requested a joint use agreement for the area common to both the SDG&E easement and right-of-way and the City's dedicated street right-of-way. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2000-378, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG BONITA ROAD FROM THE EASTERN CITY LIMITS TO OTAY LAKES ROAD, AND ON OTAY LAKES ROAD FROM BONITA ROAD TO CAMINO DEL CERRO GRANDE/SURREY DRIVE, AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 132 FOR DECEMBER 5, 2000 AT 4:00 P.M. Public hearings were conducted before the Council on September 1 and 15, 1998, and during the second hearing, Council approved Ordinance No. 2746, adopting the new franchise agreement with SDG&E. Part of the agreement involves the allocation of the California Public Utilities Commission Rule 20A Funds for constructing utility underground conversion projects. The next round of utility underground conversion projects, Otay Lakes Road from Bonita Road to Camino del Cerro Grande/Surrey Drive, as approved in the new franchise agreement, is scheduled for the year 2001. The section of Bonita Road from the eastern City limits to Otay Lakes Road is being added at the suggestion of SDG&E. (Director of Public Works) Staffrecommendation: Council adopt the resolution. Page 4 Conneil Minutes 10/24/2000 DRAFT CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2000-379, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $65,000 FROM AVAILABLE CDBG FUNDS AND TRANSFERRING $177,957 FROM PAD FUNDS PREVIOUSLY APPROPRIATED FOR CIP PROJECTS PR213, PR224, PR226, AND PR227 FOR THE RENOVATION OF THE P ARKW A Y POOL (4/5THS VOTE REQUIRED) As part of the Parkway pool renovation capital improvement project, Council approved funds for the renovation of Parkway pool. The plans have been finalized and have exceeded the original budget by $242,957. In order to bring the swimming pool up to standards, the decking and underwater lighting need to be replaced. The approved capital improvement project (PR 223), for a total of $392,021, has been committed to the project from the following sources: $217,431 in CDBG funds; $7,500 in PAD funds, and $151,690 from a state grant. A current estimate of $634,978 has been received identifying an additional $242,957 that is needed to complete the project. A window of opportunity exists for completion of the project between December 1, 2000 and March I, 2001, when the pool is closed. (Director of Parks & Recreation) Staffrecommendation: Council adopt the resolution. 11. RESOLUTION NO. 2000-380, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR PHASE ONE OF THE DRAINAGE IMPROVEMENTS PROJECT (DR-127) ON TOBIAS DRIVE, BETWEEN ORLANDO COURT AND GENTRY WAY, TO PULLMAN ENGINEERING, INC., IN THE AMOUNT OF $229,426.93. At 2:00 p.m. on Wednesday, September 20,2000, the Director of Public Works received sealed bids for the Tobias Drive drainage improvements project. The project provides for the construction of new drainage system improvements at Tobias Drive between Orlando Court and Gentry Way. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 12. RESOLUTION NO. 2000-381, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS CENTER TO MODIFY THE RESPONSIBILITY FOR CERTAIN COSTS AND APPROPRIATING FUNDS FROM UNANTICIPATED REVENUES AND AVAILABLE FUND BALANCE IN THE GENERAL FUND TO COVER ALL ELECTRICAL CHARGES FOR THE TENNIS CENTER FOR THE REMAINDER OF THE AGREEMENT (4/5THS VOTE REQUIRED) Page 5 Council Minutes 10/24/2000 DRAFT CONSENT CALENDAR (Continued) The proposed resolution amends the existing agreement with the Chula Vista Tennis Center to include reimbursement for increased electricity costs from June I through September 30, 2000, and payment of all electricity charges from October I, 2000 to the end of the agreement. In addition, as of October I, 2000, all fees collected from coin- operated light meters at the complex will be the exclusive property of the City. It is anticipated that the total cost to the City will be approximately $600. (Director of Parks & Recreation) Staffrecommendation: Council adopt the resolution. 13. RESOLUTION NO. 2000-382, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $10,000 FROM THE CITY OF NATIONAL CITY FOR THE PURPOSE OF REIMBURSING OVERTIME COSTS ASSOCIATED WITH THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT (4/5THS VOTE REQUIRED) The City of National City, in partnership with other South Bay law enforcement agencies, recently received a High Intensity Prevention Zone grant from the Office of Traffic Safety. The grant allows for reimbursement of overtime costs related to enforcement activity and school presentations made by partner agencies. Chula Vista has been designated as a partner agency eligible for reimbursement of overtime costs. (Chief of Police) Staffrecommendation: Council adopt the resolution. 14. RESOLUTION NO. 2000-383, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET TO ADD 1.5 POSITIONS TO THE POLICE DEPARTMENT AND I POSITION TO THE PLANNING AND BUILDING DEPARTMENT AND APPROPRIATING FULL FUNDING THEREFOR IN THE AMOUNT OF $232,713 FROM UNANTICIPATED REVENUES FROM THE ABANDONED VEHICLE ABATEMENT PROGRAM, ALL CONTINGENT ON PROGRAM APPROVAL BY THE ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY (4/5THS VOTE REQUIRED) At its September meeting, the Board members of the Abandoned Vehicle Abatement Service Authority (A VASA) considered a request to redistribute reserve balances among agencies that have deficits in their A V A programs. The decision was postponed to the November meeting to allow the Board time to review all proposals. Based on the A VASA's allocation formula, Chula Vista has accumulated a reserve balance. In response, staff has developed a proposal to expand the Chula Vista abandoned vehicle abatement program to expend reserve funds and increase abandoned vehicle abatements. The program is proposed to be an 18-month pilot program. (Chief of Police) Staffrecommendation: Council adopt the resolution. Page 6 Council Minutes 10/24/2000 DRAFT CONSENT CALENDAR (Continued) 15. RESOLUTION NO. 2000-384, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING, ARTICLE 2.06 TO ESTABLISH A TWO-HOUR OVERTIME MINIMUM FOR CALLBACK AND ESTABLISH BEGINNING AND ENDING POINTS FOR THE CALCULATION OF OVERTIME; AND AMENDING ARTICLE 2.09 TO INCREASE THE STANDBY DIFFERENTIAL TO $200 PER FULL WEEK OF STANDBY It has come to light that there has been some confusion and resulting inconsistent practice with respect to overtime for Chula Vista Employees Association (CVEA) represented employees. The recommended modifications to the CVEA memorandum of understanding should clarify and formalize the correct interpretation of that section. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 16. RESOLUTION NO. 2000-385, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $20,385 FROM THE AVAILABLE FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND, $16,075 IN OVER-REALIZED INTEREST REVENUE FROM THE FINANCING ESCROW ACCOUNT AND $38,540 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR THE LIBRARY AUTOMATION SYSTEM CAPITAL IMPROVEMENT PROGRAM PROJECT (4/5THS VOTE REQUIRED) As part of the Fiscal Year 1998/1999 Capital Improvement Program budget adoption, the Council approved the initial funding for the Library's automation system to replace the old, labor-intensive, computerized catalog and circulation system with a client-server- based, fully integrated, online library system (IOLS). On December 7, 1999, Council approved an agreement with Innovative Interfaces to provide the IOLS and also authorized the Finance Director to execute a lease-purchase agreement with CaLease for $777,148 due to increases in the cost of the project. An additional $75,000 is needed to complete the project. The new system is targeted to come online on October 31, 2000. (Deputy City Manager Palmer) Staff recommendation: Council adopt the resolution. 17. RESOLUTION NO. 2000-386, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A", FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS Page 7 Council Minutes 10/24/2000 DRAFT CONSENT CALENDAR (Continued) On September 26, 2000, Council passed Resolutions 2000-333 and 2000-334, approving the rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On October 10, 2000, Council passed Resolutions 2000-353 and 2000-354, approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard project. On October 17, 2000, Council passed Resolutions 2000-364 and 2000-365, approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard project. Approval of the resolution accepts the lowest responsive bids and award all the contracts as designated for award on Exhibit "A", covering some of the trade work associated with the construction of the Corporation Yard project. It is Staffs intent to come back before Council in November with a resolution accepting and awarding all remaining bids. The total contract value approved to date is $16,777,689. (Director of Public Works) Staff recommendation: Council adopt the resolution. 18. RESOLUTION NO. 2000-387, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN RECLASSIFICATIONS IN THE PLANNING AND BUILDING DEPARTMENT, APPROPRIATING $19,400 FROM THE REMAINING FUND BALANCE OF THE GENERAL FUND, APPROPRIATING $4,800 FROM UNANTICIPATED DEVELOPMENT RELATED REVENUES AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT TO REFLECT SAID CHANGES (4/5THS VOTE REQUIRED) The Planning and Building Department updated its work program and outlined a proposed organizational restructure to administer the work program, based on the proposed position reclassifications. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 19. RESOLUTION NO. 2000-388, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; RECON, CONSULTANT; AND NNP- TRIMARK SAN MIGUEL, LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR SAN MIGUEL RANCH AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In compliance with state law, a Mitigation Monitoring and Reporting Program was adopted by the Council for the San Miguel Ranch Sectional Planning Area (SPA) Plan and Tentative Maps. State law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. Adoption of the resolution approves the proposed contract with RECON for $30,000 annually to provide consulting services as the Environmental Monitor Specialist (Biologist) for San Miguel Ranch SPA Plan and Tentative Maps. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. Page 8 Council Minutes 10/24/2000 CONSENT CALENDAR (Continued) DRAFT With regard to Item #10, Councilmember Salas stated that the Parkway pool project was approved in 1998 and asked whether the delay in completion of the project added to the costs, and if so, what could be done to assure timely construction in the future. Assistant Recreation Director Shy responded that the delay was associated with saw cutting of the existing pool deck, and she believed that cost savings would occur as a result of combining the proj ects. With regard to Item #14, Councilmember Salas expressed surprise at the number of abandoned vehicles picked up on city streets and asked how the vehicles were being recycled. Staff responded that towing companies dispose of the vehicles after an attempt is made to notify the owners. The vehicles are then sold in whole or as steel. In reference to Item #12, Councilmember Davis commented that the electricity rate issue remains unresolved, and the City must push for continued rate rollbacks. ACTION: Mayor Horton moved to approve staff recommendations and offered Consent Calendar Items #1 through #7 and #9 through #19. The motion carried 5-0, except on Item #9, which carried 4-0-1 with Mayor Horton abstaining due to a possible conflict of interest. 8. RESOLUTION NO. 2000-377, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, REGARDING STATE ROUTE 125, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The State of California, Department of Transportation (Caltrans) and California Transportation Ventures (CTV) have entered into a development franchise agreement authorizing CTV to construct that portion of State Route 125 (SR-125) within the City of Chula Vista. Before any construction activities can take place, the City and Caltrans must enter into an agreement that authorizes work on various City streets that may be affected by the construction ofSR-125. (Director of Public Works) George Kost, 3609 Belle Bonnie Brae Road, Bonita, stated that although he was not opposed to the project, he questioned the impact of SR-125 construction on Bonita roadways. ACTION: Mayor Horton offered Resolution No. 2000-377, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS Karen Janney, representing Chula Vista Middle School, requested Council and public support for Proposition BB. Ms. Janney also informed Council that the school's students have greatly exceeded academic expectations, and the school is among the top three in California for gains in academic testing. Sally Bartlett, 1057 Sage View, representing the Committee to Save Friendship Park and the Friends of the Library, thanked the Council for not constructing the new police facility in Friendship Park and asked that the park be forever protected from development. Page 9 Council Minutes 10/24/2000 DRAFT PUBLIC HEARINGS 20. CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT PCC-00-57, A PROPOSAL TO ALLOW THE CONVERSION OF A RESIDENTIAL DWELLING LOCATED AT 247 FOURTH AVENUE TO A RESIDENTIAL CARE FACILITY FOR FIVE AMBULATORY SENIORS The property owner proposes to convert a duplex (two two-bedroom units) into a five- bedroom ambulatory residential care facility for seniors. In addition to the five seniors, a facility manager would also live on-site under the direction of the property owner, who is a licensed clinical social worker. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Blessent provided an overview of the proposed proj ecl. Mayor Horton requested clarification by the applicant regarding ADA improvements and requirements. The applicant, Glen Cummings, 1270 Grand Avenue, Pacific Beach, stated that the facility was in compliance with ADA requirements and surpassed state requirements for ambulatory seniors. He added that the facility was also inspected and approved by the City's Fire Marshal. Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak. There was no response, and she closed the hearing. ACTION: Mayor Horton offered Resolution No. 2000-389, heading read, text waived: RESOLUTION NO. 2000-389, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC 00-57, TO ALLOW CONVERSION OF A RESIDENTIAL DWELLING TO A RESIDENTIAL CARE FACILITY (FRIENDSHIP BOARD AND CARE) AT 247 FOURTH AVENUE The motion carried 5-0. ACTION ITEMS 21. PRESENTATION OF THE SAN DIEGO ASSOCIATION OF GOVERNMENTS REPORTING RESULTS OF THE 2000 CHULA VISTA POLICE DEPARTMENT RESIDENT OPINION SURVEY The San Diego Association of Governments (SANDAG) assisted the Chula Vista Police Department in designing and administrating a survey to a random sample of 3,000 residents in June of this year. The survey was administered to measure how residents perceive crime and their level of safety, as well as how familiar they were with a variety of police services. A similar survey was conducted in 1997. Results from both surveys show that the majority of Chula Vista residents are satisfied with the Police Department and feel safe. (Chief of Police) Page 10 Council Minutes 10/24/2000 DRAFT ACTION ITEMS (Continued) Police Chief Emerson introduced Susan Pennell from the Division of Criminal Research for SANDAG, who presented the results of the resident opinion study regarding the Police Department. Councilmember Salas asked whether the survey mailed to residents was in both English and Spanish. Ms. Pennell responded that the surveys were in English, however its cover letter was in Spanish and indicated that a Spanish form could be mailed upon request. Councilmember Salas recommended that future surveys be in Spanish to perhaps gain a higher return. She also asked why the public perceived crime to be on the increase when, in fact, it has decreased. Ms. Pennell replied that victims of crime, or loved ones of victims, would feel that way in any event, and the media plays a big role in publicizing crime in the community. Deputy Mayor Moot commented that the survey reflected a very positive response by police, regardless of ethnicity. Mayor Horton expressed concern regarding speeding vehicles and asked what outreach programs were being provided for high school students. Police Chief Emerson responded by listing some of the programs that have been implemented, such as an increased number of School Resource Officers, who provide workshops for students; the purchase of three "SMART" speed units, providing the public with speed awareness; DUI enforcement; and seatbelt checks. ACTION: Councilmember Padilla moved to accept the results of the survey as information only. The motion was seconded by Councilmember Davis and carried 5-0. 22. RESOLUTION NO. 2000-390, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE ENVIRONMENTAL INITIAL STUDYIMITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM ISSUED FOR THE OLYMPIC P ARKW A Y WIDENING PROJECT FROM BRANDYWINE A VENUE TO OLEANDER AVENUE (IS-00-42) Council was asked to consider and adopt the Environmental Initial StudyIMitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Olympic Parkway widening project under the California Environmental Quality Act (CEQA). The analysis presented in the Mitigated Negative Declaration and Initial Study indicates that potentially significant project-related impacts to geophysical resources, water resources, hazards, noise, and paleontological resources would be reduced to a less-than-significant level after mitigation. (Director of Planning and Building) Environmental Review Coordinator Ponseggi provided an overview of the proposed project. Harry Burrowes, the City's Contract Manager for Olympic Parkway, apprised Council of discussions and meetings held with residents of Brandywine Classics over the course of the project design in order to identifY and incorporate their suggestions into the project and to address their concerns. Page II Council Minutes 10/24/2000 DRAFt ACTION ITEMS (Continued) George Gerber, 575-D Portsmouth Drive, a condominium owner on East Orange Avenue, read his letter dated October 24,2000, expressing his concerns regarding the impact of the project on the quality oflife of residents of the area. Bill Yohe, 532-A Georgetown Place, representing Brandywine Classics, expressed concern with increased traffic and the removal of the guest parking. He also stated that the quality of life for the children would be affected with the elimination of bike trails and play areas. Sean O'Neil, 532-A Georgetown Place, was concerned with noise and air pollution as a result of the proposed project. He stated that the biking trails would be cleared out for construction, and the proposed wall will attract graffiti and enclose the complex. Marisa O'Neil, 532-A Georgetown Place, a Brandywine Classics homeowner and board member, stated that the environmental studies were not performed during peak traffic hours. She also believed that the residents were being treated as non-important and added that protected bird species nesting in the complex were not addressed in the studies. She urged Council to oppose the project and to investigate its potential impacts to the Brandywine residents. Renaldo Vargas, 1520 Concord, spoke against the proposed wall for Brandywine Classics residents and asked Council to visit the residents to hear their concerns before making any decisions. Mike Komula, representing Pacific Noise Control, stated that the noise study was conducted over a 24-hour period and was based on standard professional practices. The noise level would be about 65 decibels. Mayor Horton explained that while she understood the concerns of the residents, the roadway is critical to the city's circulation system. She emphasized the need for staff to continue dialoguing with the community residents to mitigate as many concerns as possible, and she requested that a meeting be scheduled immediately so that she could participate in the dialog. ACTION: Mayor Horton offered Resolution No. 2000-390, heading read, text waived. The motion carried 5-0. 23. RESOLUTION NO. 2000-391, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2000-275 REGARDING THE APPROPRIATION OF FUNDS FOR THE PREPARATION OF A MASTER PLAN FOR THE NEW POLICE FACILITY AND CIVIC CENTER EXPANSION TO REDUCE THE APPROPRIATION FROM THE CIVIC CENTER EXPANSION CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING AN APPROPRIATION FROM THE POLICE DEVELOPMENT IMPACT FEE (DIF) FUND (4/5THS VOTE REQUIRED) Page 12 Council Minutes 10/24/2000 DRAFT ACTION ITEMS (Continued) On August 1, 2000, Council passed Resolution 2000-275 approving an agreement with Highland Partnership, Inc. for the provision of consultant services for the programming and preparation of a Master Plan for the new Police Department building and expansion of the Civic Center complex. The funds covering the cost of the agreement were fully appropriated out of the Civic Center Expansion CIP (Project No. GG139). The proposed resolution corrects the August 1, 2000 appropriation to allow for the expenditure of Police DIF funds for the Police-related portion of the project, which is $444,000. The Civic Center Complex-related expenditures are estimated to be $159,000. (Director of Public Works) ACTION: Counci1member Padilla offered Resolution No. 2000-391, heading read, text waived. The motion carried 5-0. OTHER BUSINESS 24. CITY MANAGER'S REPORTS City Manager Rowlands announced that the meeting scheduled for November 21, 2000, was cancelled. 25. MAYOR'S REPORTS There were none. 26. COUNCIL COMMENTS There were none. CLOSED SESSION Mayor Horton announced that Closed Session was cancelled, and the following item was not discussed: 27. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) One Case ADJOURNMENT: At 7:55 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of November 7, 2000, at 4:00 p.m. in the Council Chambers. Respectfully submitted, ......V-J tJ..J...~r~ Q Susan Bigelow, CMC, AA W, City Clerk Page 13 Council Minutes 10/24/2000 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA NOVEMBER 7, 2000 4:00 P.M. Deputy Mayor Moot called to order a Regular Meeting of the City Council of the City of Chula Vista at 4:10 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, Moot, Padilla, and Salas. ABSENT: Mayor Horton ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION PROCLAIMING NOVEMBER 8, 2000 AS WORLD TOWN PLANNING DAY IN THE CITY OF CHULA VISTA ACTION: Deputy Mayor Moot moved to add the above item to the agenda, since it came to the attention of the City after the posting of the agenda. Councilmember Davis seconded the motion, and it carried 4-0. Deputy Mayor Moot read the proclamation, and Councilmember Padilla presented it to Assistant Director of Planning and Building Sandoval. . PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH, PATRICIA WAGNER, BOOKSTORE MANAGER, CHULA VISTA NATURE CENTER Nature Center Director Beintema introduced Ms. Wagner. Deputy Mayor Moot read the proclamation, and Councilmember Padilla presented it to Ms. Wagner. CONSENT CALENDAR (Items I through 6) 1. APPROVAL OF MINUTES OF OCTOBER 23, 2000 Staff recommendation: Council approve the minutes. DRAFT CONSENT CALENDAR (Continued) 2 A. RESOLUTION NO. 2000-392, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES ONE AND FIVE]) B. RESOLUTION NO. 2000-393, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97- I (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES ONE AND FIVE]), IMPROVEMENT AREA "A" C. RESOLUTION NO. 2000-394, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) D. RESOLUTION NO. 2000-395, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97- 2 (PRESERVE MAINTENANCE DISTRICT) The Otay Ranch Company submitted a letter dated September 5, 2000 requesting the City to conduct annexation proceedings for an area commonly known as Parcel 35A (17.06 acres) into Community Facilities District No. 97-1 (CFD No. 97-1), Community Facilities District No. 97-2 (CFD No. 97-2) and Community Facilities District No. 99-1 (CFD No. 99-1). Adoption of the resolutions initiates proceedings to annex Parcel 35A into CFD No. 97-1 and CFD No. 97-2. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. 3 A. RESOLUTION NO. 2000-396, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 98- I (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES ONE WEST AND TWO]) B. RESOLUTION NO. 2000-397, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 98-1 (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES ONE WEST AND TWO]) C. RESOLUTION NO. 2000-398, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 98- 2 (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES SIX AND SEVEN]) Page 2 - Council Minutes 11/07/2000 CONSENT CALENDAR (Continued) D. RESOLUTION NO. 2000-399, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 98-2 (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES SIX AND SEVEN]) DRAFT McMillin and the Otay Ranch Companies are currently processing a lot line adjustment parcel map in order to clearly define their ownership within Villages Two and Six of Otay Ranch. Both developers have also requested that the City initiate proceedings for adjusting the boundaries of the existing Community Facilities Districts 98-1 and 98-2 to be consistent with the land swap. The City has retained the services of Best Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. The legal counsel has recommended the following procedure for accomplishing those changes: 1) Annexing the land swapped parcels to the respective districts, and 2) recording the corresponding notices of special tax lien cancellation. Adoption of the resolutions initiates the annexation proceedings by declaring the intention to annex the land swapped parcels to the respective CFD's and setting the public hearing for December 19, 2000. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 4 A. RESOLUTION NO. 2000-400, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGES ONE & FIVE AND VILLAGE ONE WEST) B. RESOLUTION NO. 2000-401, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) The Otay Ranch Company submitted a letter dated September 6, 2000 requesting the City to conduct annexation proceedings for the last remaining out-parcel within Village One West, Parcels 1 & 2, as indicated on the Future Annexation Exhibit recorded in Book 34 at Page 39 on July 6th, 2000, into the Community Facilities District No. 99-2 (CFD No. 99-2). Community Facilities District No. 99-1 (CFD No. 99-1) will be annexing certain territories within both Village One West and Village Five. These territories are described as the three out-parcels (approximately 32 acres) within Village One West and Parcel 35A (17 acres) within Village Five. Adoption of the resolutions initiates proceedings to annex certain territories into CFD Nos. 99-1 and 99-2. (Director of Public Works) Staffrecommendation: Council adopt the resolutions. Page 3 - Council Minutes 11/07/2000 DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2000-402, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE HALECREST DRIVE IMPROVEMENTS BETWEEN HALE STREET AND TELEGRAPH CANYON ROAD (STM-342) TO SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC., IN THE AMOUNT OF $78,475 At 2:00 p.m. on Wednesday, October 18, 2000, the Director of Public Works received sealed bids for the Halecrest Drive improvements project (STM-342). The project provides for the construction of four pedestrian ramps and storm drain improvements at Halecrest Drive between Hale Street and Telegraph Canyon Road. The work also includes all labor, material, equipment, transportation, protection of existing improvements and traffic control necessary for the project. (Director of Public Works) Staffrecommendation: Council adopt the resolution. 6 A. RESOLUTION NO. 2000-403, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SELECTION OF VOLLMER ASSOCIATES, LLP TO CONDUCT A "PEER" REVIEW OF INFORMATION USED BY CALIFORNIA TRANSPORTATION VENTURES (CTV) IN MAKING TRAFFIC AND REVENUE PROJECTIONS FOR THE SR-125 PROJECT, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR THIS PURPOSE AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL B. RESOLUTION NO. 2000-404, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SELECTION OF INFRASTRUCTURE MANAGEMENT GROUP, INC. TO CONDUCT A FINANCIALLY-BASED APPRAISAL OF THE SR-125 FRANCHISE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR THIS PURPOSE AND WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL C. RESOLUTION NO. 2000-405, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $200,000 FROM THE INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND FOR A NEW CAPITAL IMPROVEMENT PROJECT, SR-125 FRANCHISE REVIEW, STM348 (4/5THS VOTE REQUIRED) The Council recently authorized staff to enter into discussions with consultants to conduct a "peer" review of information used by California Transportation Ventures, Inc. (CTV) in making traffic and revenue projections for the SR-125 toll road facility. Further, Council also authorized staff to enter into discussions with a financial consultant to conduct a financially-based appraisal of the SR -125 franchise. Smith & Kempton, the City's transportation consultant, was requested to solicit proposals from qualified consultants to accomplish these tasks. Smith & Kempton has completed this task and presented its recommendations to staff. Staff conducted interviews with two respondents for the financial appraisal activity. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 4 - Council Minutes 11/07/2000 DRAFT CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Moot noted that he would abstain from voting on Items #3C and D, which involve the McMillin Company, moved to approve staff recommendations, and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except on Item #3, which carried 3-0-1, with Deputy Mayor Moot abstaining. ORAL COMMUNICATIONS William E. Claycomb, President, Save Our Bay, Inc., 409 Palm Avenue, Suite IOO, Imperial Beach, asked the Council to take action with regard to silicon cell photovoitaic electricity generation. ACTION ITEMS 7. CONSIDERATION OF ADOPTION OF A RESOLUTION WAIVING THE BID REQUIREMENTS AND AWARDING CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES FOR THE PERIOD OF NOVEMBER I, 2000 TO APRIL 30, 2001, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT On June 24, 1997, Council approved a contract with R. F. Dickson, Inc. to provide citywide street sweeping services. The agreement provided for three years of street sweeping service (July I, 1997 through June 30, 2000), with the option of extending the agreement for up to two additional years. The City had advertised and requested bid responses for a three-year contract, with two one-year renewable options. Four bids were received on May 13, 1997. R. F. Dickson Company, Inc. was the low bidder, and Cannon Pacific Services was the second lowest bidder. Staff and R.F. Dickson have been unable to reach an agreement on terms for the one-year option authorized under the current agreement, and Dickson has given 30 days notice, effective November I, 2000. Staff is requesting that Council authorize the proposed agreement with Cannon Pacific Services for a six-month extension, retroactive to November I, 2000. The additional time will provide staff the time needed to develop a new request for proposal. (Special Operations Manager) Special Operations Manager Meacham noted that R. F. Dickson, Inc. has given the City 30 days notice, effective November I st, to terminate its contract. The proposed resolution will approve an agreement with Cannon Pacific Services, the second lowest bidder, to provide street sweeping services for a six-month period, from November I, 2000 through April 30, 2001. During the six- month period, staff will develop a new request for proposals and seek bids to provide the services on a longer term basis. ACTION: Deputy Mayor Moot offered Resolution No. 2000-406, heading read, text waived: RESOLUTION NO. 2000-406, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS AND AWARDING CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES FOR THE PERIOD OF NOVEMBER I, 2000 TO APRIL 30, 2001 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT The motion carried 4-0. Page 5 - Council Minutes 11/07/2000 OTHER BUSINESS DRAFT 8. CITY MANAGER'S REPORTS There were none. 9. MAYOR'S REPORTS A. Ratification of appointment to the Parks and Recreation Commission - Lany Perondi. ACTION: Deputy Mayor Moot moved to ratify the appointment of Mr. Perondi to the Parks and Recreation Commission. Councilmember Davis seconded the motion, and it carried 4-0. 10. COUNCIL COMMENTS Councilmember Salas expressed appreciation to community members for their participation in the electoral process and their efforts to promote important propositions, such as Proposition BB, for the betterment ofthe community. CLOSED SESSION II. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 City Negotiator: City Manager Employee organizations: Chula Vista Employees Association, Chula Vista Police Officers Association, and International Association of Firefighters ACTION: Instructions were given to the Negotiator. ADJOURNMENT At 5:15 p.m., Deputy Mayor Moot adjourned the meeting to the Regular Meeting of November 14,2000, at 6:00 p.m. in the Council Chambers. Respectfully submitted, --.::>Lu. tu...t~'8'~ Susan Bigelow, CMCIAAE, City Clerk Page 6 - Council Minutes 11/0712000 CHULA VISTA November 9, 2000 TO: The Honorable Mayor and City Council FROM: David D. Rowlands, Jr., City Manager~(~",/o~' SUBJECT: Council Meeting of November 14, 2000 lhis will transmit the a§enda and related materials for the regular City Council meeting of Tuesday, November '14, 2000. Comments regarding the Written Communications are as follows: 2A. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on September 7, 2000, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. CI]Y OF CHUIA VISI-A OFFICE OFTHE CITY A']-FORNEY Date November 8, 2000 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney ~~ Re: Report Regarding Actions Take~ in Closed Session for the Meeting of 11/7/00 The City Council of the City of Chula Vista met in Closed Session on 11/7/00 to discuss: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.6: City Negotiator: City Manager ~'mployee organizations: Chula vista Employees Association, Chula Vista Police officers %. Association, International Association of Firefighters The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk 276 FOURTH AVENUE o CHULA VISTA "' CALIFORNIA 91910 ° (619) 691-5037 o FAX (619) 409-5823 ,'- I t 1' , COUNCIL AGENDA STATEMENT ITEM ,.~ MEETING DATE 11/14/00 ITEM TITLE: RESOLUTION Adopting an Injury Illness Prevention Program for the City of Chula Vista. SUBMITTED BY: HUMAN RESOURCES DIRECTOR~.-~ REVIEWED BY: CITY MANAGER 0~~z/ (415th Vote: Yes No X ) The City of Chula Vista is required to maintain a written Injury Illness Prevention Program (IIPP), under the California Code of Regulations, Title 8, Chapter 4, Subchapter 7, Section 3203. The IIPP outlines the employee safety programs that the City has in place to help prevent occupational injuries and illnesses. The adoption and support of the plan presented here will satisfy this requirement. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: State legislation was passed which required every employer to establish, implement, and maintain an effective Injury and Illness Prevention Program (Program). The IIPP outlines employee safety programs designed to help prevent occupational injuries and illnesses. The Program must be in writing and, must, at a minimum: 1. Identify the person or persons with authority and responsibility for implementing the Program; 2. Include a system for ensuring that employees comply with safe and healthy work practices; 3. Include a system for communicating with employees on matters relating to occupational safety and health; 4. Include procedures for identifying and evaluating work place hazards; 5. Include a procedure to investigate occupational injury or occupational illness; 6. Include methods and/or procedures for correcting unsafe or unhealthy conditions; and 7. Provide training and instruction when the program is first established to all employees. The original plan developed by the City in response to this legislation was outdated, did not reflect those programs currently in place, and was in need of revamping. The City's Safety Staff reviewed the City's current operations, and developed the new and improved IIPP presented here. The Program has been designed as a framework for the City's Employee Safety Programs, and incorporates by reference specific policies that may require periodic updating. MC lC \My Documel*tg/RM's AI 13\2000 A [ 13\IIPP AI 13 for Nov 14 00 Mtg doc This IIPP has been presented and reviewed by the City's employee groups: Chula Vista Employees Association, International Association of Fire Fighters, Police Officers Association and Western Council of Engineers. The groups concerns have been addressed, and they have all signed and endorsed the policy presented here. After Council's adoption, the IIPP will be presented to all affected employees through targeted training sessions. FISGAL IMPACT: Approximately $2,000.00 for printing costs training and materials. Funding for the program implementation is included in this fiscal year's budget. Attachment: A - City of Chula Vista Injury Illness Prevention Program (Dated November 1, 2000). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN INJURY ILLNESS PREVENTION PROGRAM FOR THE CITY OF CITULAVISTA WHEREAS, the City of Chula Vista is required to maintain a written Injury Illness Prevention Program (IIPP) under the California Code of Regulations, Title 8, Chapte~-4, Subchapter 7, Section 3203; and WHEREAS, the IIPP outlines the employee safety program that the City has in place to help prevent occupational injuries and illnesses; and WHEREAS, the adoption and support of the plan presented will satisfy this requirement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt an Injury Illness Prevention Program for the City of Chula Vista as set forth in Attachment attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by Candy Emerson Director of Human Resources ~y Attorney ~ COUNCIL AGENDA STATEMENT ITEM /'P MEETING DATE 11/14/00 ITEM TITLE: RESOLUTION Authorizing the continuation on a full-time permanent basis the position of 1.00 Risk Management Specialist- Safety after. December 31, 2000 and amending the FY 2000/01 budget, therefore. SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES[I,~ REVIEWED BY: CITY MANAGER~'O~' (4/5th Vote: Yes__ No X ) In March of 1999, based on a recommendation made in a staffing study conducted by the City's Special Projects Manager, Council authorized the addition of a Risk Management Specialist position in the Safety Program for an 18-month period at the expiration of which the need for the position would be reevaluated. That evaluation has been completed and the on-going need for the position has been established. RECOMMENDATION: That Council adopt the resolution authorizing the addition of the Risk Management Specialist-Safety as a permanent position in the City's Safety Program. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In March 1999, the City's Special Projects Manager conducted a staffing study of the Risk Management Division. One of the staffing deficiencies identified by this study was in the Safety Section. At the time the study was conducted the City's safety program was in its infancy, with the City's first dedicated safety specialist having been on board for a mere year and a half. It was recognized that due to years of inattention that there were a tremendous number of safety issues needing to be addressed. It was recommended to Council that the Risk Management Specialist position be funded through December 31,2000, to address the backlog and to assist the Senior Risk Management Specialist in educating supervisory staff on the importance of safety and in basic safety procedu res. It was believed that after the backlog was somewhat alleviated and the basic training and emphasis was imparted to responsible staff, that the need for the temporary position could be eliminated and that any safety staffing issues could be addressed through the use of contractual services and hiring a part-time intern. Over the past year and a half the City's Safety Team have imparted to our employees a true safety culture through participative committee's, training programs, and safety culture awareness. Through these efforts the City saw a 22% decrease in the number of work injury claims in 1999, even though our workforce was increasing in size. In addition to the obvious decrease in the amount of money paid out due to fewer claims there is an increase in productivity due to less lost work time. It is reasonable to assume that without the same level of attention and prevention to employee safety issues that we would see a corresponding increase in the number of work injuries. While many of the safety training deficiencies identified as "backlog" in the initial study have been addressed there have been many more identified as a result of the interaction of the safety staff and employees. Several other factors have surfaced that affect the need for the continued full-time staffing. Since 1997, there have been 34 major changes to Cai- OSHA regulations that affect our City operations. The City has added almost 200 staff positions since 1997 when the first safety position was added. This increase in employees directly affects safety training, hazard evaluations, and efforts to maintain a safe work environment. Without the continuation of the position, maintenance of required safety training and monitoring programs would require much of the work to be contracted out at a much greater cost. A conservative estimate is that it would cost $75,000 to contract out the programs plus the intangible diversion of the Sr. Risk Management Specialist's time from direct safety services to contract maintenance. Whereas the annual cost of the Risk Management Specialist position is $65,000 including salary and benefits. FISCAL IMPACT: The annual cost of this position is $65,000, which is $10,000 less than the additional contractual costs that would be required to maintain the City's Safety Program at the minimal compliance level. No appropriation is required at this time as there are sufficient salary savings in the Human Resources Department budget to cover the position costs through the end of this fiscal year. 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CONTINUATION ON A FULL-TIME PERMANENT BASIS THE POSITION OF 1.00 RISK MANAGEMENT SPECIALIST-SAFETY AFTER DECEMBER 31,2000 AND AMENDING THE FY 2000/0~ BUDGET THEREFOR WHEREAS, in March of 1999, based on a recommendation made in a staffing study conducted by the City's Special Projects Manager, Council authorized the addition of a Risk Management Specialist position in the Safety Program for an 18-month period at the expiration of which the need for the position would be re- evaluated; and WHEREAS, that evaluation has been completed and the on- going need for the position has been established. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the continuation on a full-time permanent basis the position of 1.00 Risk Management Specialist-Safety after December 31, 2000. BE IT FURTHER RESOLVED that the FY 2000/01 budget is hereby amended to include said position. Presented by Approved as to form by Director of Human Resources [H:\HOME~,~ORNEY~RESO\ Risk Management Specialist (November 1, 2000 (11:20am)] COUNCIL AGENDA STATEMENT ITEM ' MEETING DATE 11/14/00 ITEM TITLE: , Resolution Amending the Current Fiscal Year Budget by Reclassifying One Building Project Supervisor in Public Works/Engineering to Senior Building Project Supervisor; One Programmer/Analyst Position in MIS to Lead Programmer/Analyst; and Three Senior Management Analyst Positions in Administration to Principal Management Analyst. SUBMITTED BY: Director of Human Resources ~ REVIEWED BY: City Manager O~'~,' (4/Sth Vote: Yes X No ) The addition of duties and changes in level or authority and/or responsibility to these positions necessitates reclassification to the next level in the class series. These changes are requested to continue to effectively meet the service demands on the City. RECOMMENDATION: That Council adopt the Resolution approving reclassification of the aforementioned positions effective November 17, 2000. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: ADMINISTRATION - It is recommended that the three Senior Management Analyst positions in the Office of Budget and Analysis be reclassified to Principal Management Analyst. The annual E- Step salary at the principal level is $68,538, 10% above the senior level. This recommendation is based on a recognized increase in level of expertise, responsibility and autonomy required and demonstrated in each of the positions. Projects in this division are generally complex involving sophisticated analytical methods. Of particular concern is the significance of accuracy combined with minimal supervision and the nexus to liability for the City. The Office of Budget and Analysis (OBA) is typically assigned the most complex and sensitive projects in the City often requiring interaction and coordination with multiple departments. In many cases, analysts take the lead role in these projects with little direction or supervision. These duties and responsibilities are consistent with the PMA job description and with the duties performed by the one PMA in the Department. 1 ITEM MEETING DATE 11/14/00 MANAGEMENT AND INFORMATION SERVICES - It is recommended that one Programmer/Analyst position (CVEA) be reclassified to Lead programmer/Analyst (Middle Management). The annual E-Step salary for the higher-level position is $63,257, 10% above the journey level. As part o£the MIS Department reorganization, started earlier this year, a number of new positions were added and many changes were made to better meet the service demands of'the City. With the hiring of several pi'ogrammer/analysts, the need for a "lead" becomes increasingly important. The projects include payroll, building permits, project accounting, parking citations, and others. Without the reclassification of' this position, the Director would be required to become actively involved in day-to-day programming activities rather than the citywide issues with which he must deal. This reclassification is the most efficient way to insure the highest levels of quality customer service. PUBLIC WORKS/ENGINEERING - Earlier this year, the Building Project Supervisor position was transferred from the Operations Division to the Engineering Division. The focus of the position has expanded to include many large-scale building projects for which the Project Design and Management (PDM) section is responsible. An example of the new responsibilities is the renovation and expansion work on the new Corporation Yard. Additionally, the incumbent will have lead responsibility over one Building Project Supervisor and one Temporary Expert Professional position. The appropriate spread between the Senior Supervisor and the Supervisor is 10%, hence the recommendation to reclassify the current position to the senior level with an annual E-Step salary of $70,37l and m-title the position "Senior Building Project Supervisor." FISCAL IMPACT: For the remainder of this fiscal year, the departments will absorb any additional cost associated with the re-classification. The total annualized fiscal impact will be: $37,332 in additional expenditures partially offset by $25,350 in increased reimbursement revenue from other funds for an ongoing annual net cost of $11,982. 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CURRENT FISCAL YEAR BUDGET BY RECLASSIFYING ONE BUILDING PROJECT SUPERVISOR IN PUBLIC WORKS/ENGINEERING TO SENIOR BUILDING PROJECT SUPERVISOR; ONE PROGRAMMER/ANALYST POSITION IN MIS TO LEAD PROGRAMMER/ANALYST; AND THREE SENIOR MANAGEMENT ANALYST POSITIONS IN ADMINISTRATION TO PRINCIPAL MANAGEMENT ANALYST WHEREAS, the addition of duties and changes in level or authority and/or responsibility necessitates the following reclassifications to the next level in the class series in order to continue to effectively meet the service demands on the City: ADMINISTRATION It is recommended that three Senior Management Analyst positions in the office of Budget and Analysis be reclassified to Principal Management Analyst. The annual E-Step salary at the principal level is $68,538, 10% above the senior level. M/kNAGEMENT AND INFOR/4/kTION SERVICES - It is recommended that one Programmer/Analyst position (CVEA) be reclassified to Lead Programmer/Analyst (Middle Management). The annual E- Step salary for the higher-level position is $63,257, 10% above the journey level. PUBLIC WORKS/ENGINEERING - The Building Project Supervisor position was transferred from the OperatiOns Division to the Engineering Division. The position has expanded to include large-scale building projects for which the Project Design and Management (PDM) section is responsible. The appropriate spread between the Senior Supervisor and the Supervisor is 10%, hence the recommendation to reclassify the current position to the senior level with an annual E- Step salary of $70,371. WHEREAS, the total annualized fiscal impact will be absorbed by the departments, requiring no additional appropriations this fiscal year. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the current fiscal year budget by reclassifying one Building Project Supervisor in Public Works/Engineering to Senior Building Project Supervisor; one Programmer/D~nalyst position in MIS to Lead Programmer/Analyst and three Senior Management A~lalyst positions in Administration to Principal Management.Analyst effective November 17, 2000. Presented by Approved as to form by Candy Emerson JJ~ M. Kaheny Director of Human Resources ~ty Attorney IH:IH OME%a,~FORN EY~RESO\ reclassifications 11/14 (November 8, 2000 (2:51 pm)] 2 COUNCIL AGENDA STATEMENT Item Meeting Date 11/14/00 ITEM TITLE: Resolution authorizing the establishment of a Technology Replacement Internal Service Fund and appropriating $585,000 from unanticipated State subvention revenue in the General Fund as a transfer to the new Fund to establish an adequate reserve. SUBMITTED BY: Deputy City Manager Powell ~ Direclor of Management and Information Service~A./ REVIEWED BY: City Manager (~ [.L ~ (4/Sths Vote: Yes X No ) During the FY 2000-01 budget process, staff proposed creating a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment including microcomputers, printers, and the City's UNIX minicomputer. Staff, having defined the initial replacement schedule and identified a soume of funds for an adequate reserve, is now seeking approval to establish the Fund. RECOMMENDATION: That Council adopt the resolution authorizing the establishment of a Technology Replacement Internal Service Fund and appropriating $585,000 from unanticipated State subvention revenue in the General Fund as a transfer to the new Fund in order to establish an adequate reserve. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable " DISCUSSION: During the FY 2000-01 budget process, staffproposed creating a Technology Replacement Fund, similar to the vehicle replacement component of the Fleet Management Fund for the purpose of accumulating funds each year to replace various computer equipment including microcomputers, printers, mobile date terminals, and the City's UNIX minicomputer at the end of their respective useful lives. Funds would be accumulated through user charges applied to the departments actually using the equipment. Replacement of computers used throughout the City would be reviewed on a fixed schedule and replaced if deemed necessary from funds accumulated in the Technology Replacement Fund. The initial schedule prescribes that microcomputers (including mobile data terminals) and printers would be replaced approximately every four years and the UNIX minicomputer every five years. The City of Chula Vista began to use computers over 25 years ago when it purchased its first mainframe and began processing financial applications such as accounting and payroll. For a long time this type of processing was the mainstay of the computing world and the City expanded its use to include many different applications including land use inventory, police and fire computer aided dispatch and many others. About fifteen years ago, the City began to make use of personal computers to supplement the processing of data and about nine years ago implemented a local area network to connect most of the departments in the City. In the early years of microcomputers, City staff used their computers for simple word processing and spreadsheet applications. In recent years, the use of microcomputers has expanded throughout the City not only in the numbers of computers being used, but in the complexity of applications as well. .~- ]. Page 2 Item ~ Meeting Date 11/14/00 In addition to the basic applications such as word processing and spreadsheet, powerful computers are needed to run the Police and Fire Computer Aided Dispatch system, building permits, all of the financial applications, GIS and others. Each new release of the software for these applications requires more processing power on the desktop to run efficiently. This fund would be used to ensure that City staff has computers that are capable of running the necessary software effectively to perform their duties. The current inventory includes the following equipment: Description Number Useful Life Replacement Cost Microcomputers 839 4 years $ 1,400 Microcomputers - File Servers 12 4 years $ 2,000 Mobile Data Terminals 76 4 years $ 8,000 Printers 117 4 years $ 2,000 UNIX Data General Minicomputer 2 5 years $100,000 Miscellaneous Equipment 40 5 years $ 600 Assuming that we would replace approximately one-fourth or twenty-five percent of most of the equipment and one-fifth or twenty percent of the remaining equipment each year, the Technology Replacement Fund would require income of approximately $631,000 per year. For comparison purposes, the current year budget includes over $1.5 million in income to the Fleet Management · Fund for one year's accumulation for vehicle replacement. In order to provide for adequate cashflow ~ requirements in the new Fund, it is felt that a reserve level approaching one year's expenditures would be the minimum requirement. It is proposed that this one-time cost be funded by the recently · ' approved $585,000 State subvention related to ERAF relief that is expected to be received in January. In future years, beginning in fiscal year 2001-02, departmental budgets will include annual user charges similar to the current vehicle usage charges based on the replacement cost of the equipment being utilized. Given the current inventory, this would result in estimated charges to the General Fund of $631,000, of which at least 20 percent ($126,200) would be offset by reimbursements l~om other Funds, such as Sewer, Redevelopment Agency, etc. The two departmental budgets that would reflect the largest budgetary increase would be the Police Department ($191,000) and the Library ($165,500). As with the Fleet Management Fund, staff will monitor the adequacy of the reimbursement schedules to insure that they are sufficient to fund the cost of future equipment replacement. Fiscal Impact: Establishing a minimum reserve level in the new internal service fund will impact the General Fund by $585,000. Ongoing annual costs to the General Fund will approximate $631,000 beginning in fiscal year 2001-02, but will increase as the number of City staff increases. The ongoing costs to the General Fund will be partially offset (20% minimum) by reimbursements from other funds, such as Sewer, Redevelopment Agency, etc. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OP THE CITY OF CHULAVISTA AUTHORIZING THE ESTABLISHMENT OF A TECHNOLOGY REPLACEMENT INTERNIkL SERVICE FUND AND APPROPRIATING $585,000 FROM UNANTICIPATED STATE SUBVENTION REVENUE IN THE GENERAL FUlqD AS A TRANSFER TO THE NEW FUND TO ESTABLISH AN ADEQUATE RESERVE WHEREAS, during the FY 2000-01 budget process, staff proposed creating a Technology Replacement Fund for the purpose of accumulating funds each year to replace various computer equipment including microcomputers, printers, and the City's UNIX minicomputer; and WHEREAS, staff, having defined the initial replacement schedule and identified a source of funds for an adequate reserve, is now seeking approval to establish the Fund; and WHEREAS, assuming we would replace approximately 25% of most of the equipment and 20% of the remaining equipment each year; and WHEREAS, in order to provide for adequate cash flow requirements in the new Fund, it is felt that a reserve level approaching one year's expenditures would be the minimum requirement; and WHEREAS, it is proposed that this one-time cost be funded by the recently approved $585,000 State subvention related to ERAF relief that is expected to be received in January; and WHEREAS, in future years, beginning in FY 2001-02, departmental budgets will include annual user charges similar to the current vehicle usage charges based on the replacement cost of the equipment being utilized. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the establishment of a Technology Replacement Internal Service Fund and appropriating $585,000 from unanticipated State subvention revenue in the General Fund as a transfer to the new Fund to establish an adequate reserve. Presented by Approved as to form by Robert Powell Jo~M. Kaheny ~J Deputy City Manager C/~y Attorney-- [H:\H OME\ATTORNEY%RESO\Technology Replacement Fund (November 3, 2000 (4:51 pm)] CITY COUNCIL AGENDA STATEMENT ITEM NO,.: ~ MEETING DATE: .1, 1/14/00 ITEM TITLE: CITY COUNCIL RESOLUTION EXTENDING THE TEMPORARY CLOSURE 'OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~/.c~. REVIEWED BY: CITY MANAGER (.~t~, BACKGROUND On October 3, 1995, the City Council approved the closure of Center Street between Third Avenue and Church Avenue on Thursday afternoons for the Downtown Farmers' Market. The Market area was expanded on June 24, 1997 to include a portion of Church Avenue to accommodate an increased number of farmers and add a section for craft booths. In accordance with the adopted conditions of approval, the street closure must be extended by the Cifl/Council before December 31, 2000. The Farmers' Market has grown in popubri~/and again needs to expand. Staff is recommending an extension of the Center Street closure to include the southern-most lane of Center Street from Church Avenue to Del Mar Street. RECOMMENDATION Street and a portion of Church Avenue for the Downtown Farmers' Market on Thursday afternoon for a Nra-year period, subject to conditions. BOJ~RDSICC)MMISSIONS RECOMMENDATION Not applicable. DISCUSSION The Downtown Farmers' Market has become a very successful promotional activi~ within the Downtown area and the Downtown Business Association would like to continue at the current Center Street and Church Avenue location. The event appears to be well received by the Downtown PAGE 2, ITEM NO.: ' MEETING DATE: 11/14/00 merchants and neighboring uses. Parking in the adjacent on-on street parking spaces and public parking lots has been adequate. Appropriate emergency access has been provided to the area and ingress and egress from the Norman Park Senior Center has been maintained. The current expansion plan has been reviewed by the transportation, traffic engineering, police, and fire departments, as well as Norman Park Senior Center staff. It has been determined that no impacts will result from the extensk~n subject to the recommended conditions of approval. The Downtown Business Association provides $1 million in liability insurance on its downtown events, including the Farmers' Market, naming the City of Chula Vista as an gdditionally insured. The Certificate of Insurance is on file in Risk Management. FISCAL IMPACT lqo significant financial impact is anticipated as a result of extending the temporary closure. Approximately 18 parking meters will be effected for seven hours. An increase in use of the adjacent metered parking is expected to off-set the minimal loss. H :\HOME\COMMD EV~STAFF. RE P\ 11-1 ~t-00\sffrep-srp.doc EXHIBIT A November 14, 2000 Downtown Farmers' Market Center S~'eet and a portion of Church Avenue CONDITIONS OF APPROVAL 1. The subject street closure shall be permitted through December 31, 2002 unless sooner revoked (in sole discretion of the City Council) to accommodate the Downtown Farmer's Market. At the end of that time, the Farmers' Market shall be evaluated by the Community Development Director and a recommendation made to the City Council. The City Council, at that time, may consider a further extension. 2 All Vendors or activities to take place within the closed street right-of-way, other than those approved herein shall be approved by the Community Development Director prior to their participation on the Farmers' Market. Approved Vendors and Activities 1) Certified Farmers' Market~ 2) Arts and Cm/~s hand made by the seller 3 ) Promotional activities that enhance the market but do not detract from the Downtown business environment to create significant noise, congestion, or safety hazards. 4) Downtown Business Association (DBA) merchants and businesses in good standing may sell or demonstrate merchadise and services that are currently sold within their Downtown premises. 3 The DBA shall provide, set up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and street closure in a timely manner (set-up completed no later than 3:00 p.m. and removal completed no later than 8:30 p.m.)/ All traffic control devices, signs, and barriacades shall be placed in accordance with the sign placement plan approved by the City Traffic Engineer and shall conform to the State of California traffic control requirements. 4 The DBA will be responsible for the coordination and implementation of all activities and regulations related to the street closure and Farmers' Market, the appropriate City of Chula Vista departments and staff, and any applicable County, State or Federal requirements. ~ A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where certified farmers offer for sale only those items they grow themselves. Only the immediate family and salaried employees ora certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh fish, olives and baked goods. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS OF APPROVAL WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971 which created the Downtown Business Association; and, WHEREAS, on October 3, 1995, the City Council approved Resolution 180052 adopting Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday afternoons between March 1996 and October 1996 for a Farmers' Market; and, WHEREAS, on October 15, 1996 the City Council approved Resolution 18710 to expand the temporary closure of Center Street and add a portion of Church Avenue to accommodate the Farmers' Market on Thursday afternoons subject to conditions; and, WHEREAS, on February 16, 1999, the City Council approved Resolution 119367 extending the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market on Thursday afternoons for a two-year period subject to conditions; and, WHEREAS, the Downtown Business Association has requested the City Council extend the temporary closure of Center Street and extend and a portion of Church Avenue for the Downtown Farmers' market on Thursday afternoons subject to conditions; and, WHEREAS, the extension of the street closures creates no new significant impacts and therefore no additional review of the project is required under CEQA; and, WHEREAS, the Downtown Business Association insures its downtown events, including the Farmers' Market for $1 million in liability and names the City of Chula Vista as an additionally insured; and WHEREAS, the Farmers' Market special event will further the redevelopment effort within the Town Centre I Redevelopment Project Area, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista extends the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers' Market on Thursday afternoons through December 31,2002 subject to conditions attached hereto as Exhibit "A". PRESENTED BY APPROVED AS TO FORM BY Chris Salomone John M.'K, aheny / ' ~' ~ Director of Community Development Agency Att;Srney ,~ I ' H:\HOME\COMMDEV\RESOS\RESO -CC-Farmers Mkt, doc ~'~-J' ~-~'''' ~ COUNCIL AGENDA STATEMENT Item ~> Meeting Date 11/14/00 ITEM TITLE: Resolution authorizing Ayres Land Company as Manager of ACI Sunbow, LLC to construct the portions of East Palomar Street identified and included in Sunbow II, Phases IB, lC and 2A, as well as the Poggi Canyon Detention basin included in the Phase IA' contract, and receive credit against Transportation Development Impact Fees. REVIEwEDSUBMITTEDBy:BY: DirectOrcity of Public~.[.. Work~/ ~t// Manager~d0~' ~ (4/5ths Vote: Yes No X_) The City has received letters dated March 3, 2000 and October 9, 2000 from Ayers Land Company requesting authorization and Transportation Development Impact Fee credit for construction of roadway facilities along East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow II, Phases lB, IC and 2A, and for improvements related to Olympic Parkway construction between Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon and mitigation (general biological, wetlands, CSS) for Phase IA and lB roads. RECOMMENDATION: That the City Council adopt the resolution authorizing Ayres Land Company as Manager of ACI Sunbow, LLC to construct the portions of East Palomar Street identified and included in Sunbow II, Phases IB, lC and 2A as well as the Poggi Canyon Detention basin included in the Phase lA contract, and receive credit against Transportation Development Impact Fees. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: East Palom0r Street - Sunbow II Phase lB On March 3, 2000, Samuel M. Holty, Vice-President of Ayres Land Company as Manager of ACI Sunbow, LLC, sent a letter (Exhibit "A') to the City requesting authorization and Transportation Development Impact Fee credit for the construction of East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow II, Phase lB. This street segment is identified as a portion of Project No. 17 on the City's Transportation Development Impact Fee (TDIF) Capital Improvement Program (CIP) list included in the Development Impact Fee Report revision dated October 25, 1999 (Exhibit "B"). A minimum of three bids for the construction work involved are required for TDIF credit by Council. Kaufman and Broad, Inc., the guest builder for this portion of Sunbow II, obtained qualified bids from three companies. A contract was signed between Kaufman and Broad, Inc. and the low bidder, Erreca's, Inc., on May 13, 1999. Kaufman and Broad also entered into a "Purchase and Sale Agreement" with ACI Sunbow assigning the Development Impact Fee credits to Sunbow. A copy of the overall contract amounts for East Palomar Street are shown in Exhibit "C". Page 2, Item Meeting Date 1t/14/00 Staff has reviewed the TDIF-eligible elements of the proposals submitted by the three finns that submitted bids. It appears that Erreca's bid is also the lowest of the three bids submitted for the TDIF items. The overall contract amounts for the work covered by this TDIF project are summarized as follows for the East Palomar Street portion of Sunbow II, Phase lB. 1. Storm drain construction: $206,500.00 2: Dry utilities: $70,610.00 3. Roadway construction/street improvements: $580,605.00 4. Grading/Earthwork: $499,992.00 5. Landscape, plmating, hardscape, irrigation: $253,300.00 6. Street lights, traffic signal poles, street hardware: $71,725.00 TOTAL: $1,682,732.00 East Pal0mar Street - Sunbow II Phase 1C The City subsequently received a letter from Mr. Holty dated October 9, 2000 (Exhibit "D") requesting reimbursement by the City for improvement work related to additional phases (lC, 2A and 2B) of the Sunbow II project. Phase 1C consists of certain residential developments known as Sunbow Village 5 and Sunbow Village 6 plus a portion of East Palomar Street. Centex Homes, the guest builder for this portion of Sunbow II, obtained qualified bids from four companies. A contract was signed between Centex Homes and the low bidder, Erreca's, Inc., on April 3, 2000. Centex Homes also entered into a "Purchase and Sale Agreement" with ACI Stmbow assigning the Development Impact Fee credits to Sunbow. The portion of Erreca's bid eligible for TDIF credit is included in Exhibit "E". Staff has reviewed the TDIF-related elements of the proposals submitted by the four bidding companies. It appears in this case as well that the overall Erreca's bid is the lowest of the three bids submitted for the TDIF items. The contract amounts for the work covered by this TDIF project are as follows for the East Palomar Street portion of Sunbow II, Phase lC. 1. Storm drain construction: $27,010.00 2. Roadway construction/street improvements: $265,981.40 3. Grading/Earthwork: $92,530.00 4. Landscape, planting, hardscape, irrigation: $207,228.70 5. Street lights, traffic signal poles, street hardware: $146,059.00 TOTAL: $738,809.10 East Palomar Street - Sunbow II Phases 2A and 2B As pa[t of their letter dated October 9, 2000, Ayres Land Company also requested reimbursement for facilities constructed within Phases 2A and 2B. They submitted a copy of preliminary estimates made by Rick Engineering Company, dated August 9, 2000, for all construction work associated with these projects. A review of the construction plans for Phase 2B indicates that no new TDIF-eligible Page 3, Item Meeting Date 11/14/00 improvements will be constructed with this phase. The construction estimate for the East Palomar Street portion of Phase 2B is summarized as follows. Note that the bonding amount (as discussed in Exhibit "F") will be used for credit at this time. Sunbow Phase 2A, East Palomar Street: 1. Grading and Mobilization: $83,153.00 2. Roadway construction/streets: $502,171.00 3. Storm drain construction: $26,984.00 TOTAL: $612,308.00 Total of bonding amount for this project: $591,205.00 GRAND TOTAL, PHASES lB, lC and 2A: $3,033,849.10 Under TDIF ordinance procedures, a developer may request credit for the construction of facilities identified in the TDIF project list. The construction cost estimate for Project No. 17, from Medical Center Drive to the eastern Sunbow boundaries, as revised in the October 25, 1999 report "Eastern Area Development Impact Fees for Streets", is $1,726,099 plus $258,915 for contingencies, or $1,985,014.00 total. This is siguificantly less than the estimated construction cost of $3,012,746 for this portion of East Palomar Street. However, this difference is relatively small when compared to the entire TDIF program of $216,752,798, and it should be made up by subsequent TDIF projects that cost less than the estimated amount. Olympic Parkway The City received an additional letter from Mr. Holty, dated March 3, 2000 (Exhibit "G"), requesting reimbursement by the City for improvements related to various components of Olympic Parkway improvements between Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon and mitigation (general biological, wetlands, CSS) for Phase IA and IB roads. Based on the cost breakdown from TC Construction, the total cost of the Poggi Canyon drainage basin was $916,969.50. Based on an impact analysis performed by Merkel & Associates in an August 31, 1999 letter (Exhibit "H") accompanying the October 9, 2000 Ayres Land Company letter, DIF element roads impacted 6.27 acres of wetlands and CSS of a total project impact area of 17.22 acres. Mr. Holty applied the percentage of the acreage impacted (36%) against the total cost of $916,969.50 to arrive at a figure of $330,109, which Ayres is requesting as reimbursement. Ten percent of the total ($91,697) would be associated with East Palomar, while 23 percent ($210,903) would be for Olympic Parkway and three percent ($27,509) for Medical Center Drive. Staffgenerally agrees with this methodology. Ayers' letter also requested reimbursement for planning work performed for the off-site section of Olympic Parkway and mitigation (general biological, wetlands, CSS) for Phase lA and lB roads. Since these components are not directly construction-related, they would not be considered for TDIF credit at this time. Planning and design-related items will be considered for credit during the audit process after construction has been completed. Page 4, Item Meeting Date 11/14/00 TDIF Credit Process The TDIF ordinance provides a procedure for issuance of credits to developers. According to Section 3.54.040 of the City of Chula Vista Municipal Code, the developer, upon approval of the estimated cost by the Director of Public Works, shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the Transportation Facility Project. Once the developer has received valid bids for the project which have been approved by the Director of Public Works, the amount of the immediate credit shall be increased to 75 percent of the bid amount. The immediate credits shall be applied to the developer's obligation to pay fees for building permits issued after the establishment of the credit. Ayres Land Company has complied with the procedural requirements of the TDI1~ ordinance for credit at the 75 percent level for Sunbow II, Phases lA, lB and lC and at the 50 percent level for Sunbow II, Phase 2A. Per this ordinance a description and cost estimate of the improvements along with other information and statements are required to be submitted to the City Council. The October 9, 2000 letter from Ayres Land Company to the City transmitted an engineer's estimate for Phase 2A and 2B improvements to East Palomar Street and the credit requested by Ayres. The September 11, 2000 letter from the City to ACI Sunbow delineates the approved estimates for the Faithful Performance and Material and Labor Bonds for the street improvements to the Phase 2A portion of East Palomar Street. The following information has been submitted as required by the ordinance for credit at the 75 percent level: 1. Letters dated March 3, 2000 and October 9, 2000 to the City Engineer requesting that the City authorize reimbursement or credit for the construction of a portion of East Palomar Street as identified in Sunbow II, Phase lB and lC, and reimbursement for the construction of improvements related to various components of Olympic Parkway improvements I~etween Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon for Phase lA and lB roads. 2. Rick Engineering, under contract with Kaufman and Broad, has prepared and submitted grading and improvement plans to the City. The improvement plans were approved as of February 15, 1999. 3. Easements and rights-of-way for the project have all been obtained as required by the Director of Public Works. 4. All necessary permits and environmental clearances necessary for construction of the project have been obtained by Ayers Land Company. Ayers Land Company has also paid all required permit and plan check fees and posted any security which is necessary for the project. 5. The TDIF ordinances require a developer to secure at least three (3) qualified bids for the work to be done. This requirement has been complied with for the improvements included in the Phase 1B and 1C portions of East Palomar Street. Page 5, Item, Meeting Date 11/14/00 6. We have received copies of the "Purchase and Sale Agreement and Escrow Instructions" entered into between ACI Sunbow and Kaufman and Broad Coastal, Inc. and Centex Homes. Exhibit 'T' includes the section of each Agreement which assigns to the seller, Ayres Land Company, Development Impact Fee credits. When work on these projects has been completed to the satisfaction of the City, Ayers Land Company shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for credit. FISCAL IMPACT: None to the City. Ayres Land Company as Manager ofACI Sunbow, LLC will receive credit in accordance with the provisions of Ordinance #2251 and as amended by Ordinances #2289, #2580 and #2802. Upon Council approval, Ayres Land Company as Manager ofACI Sunbow, LLC will be eligible to receive up to $2,063,738 at the 75 pement level and $295,602 at the 50 percent level against required Transportation Development Impact Fees. The actual amount of credit will be determined by the Director of Public Works and be based on actual final costs. The developer will pay all related City staff costs including those for administration of the TDIF credit procedure. Exhibits: ~' A. Letter dated March 3, 2000 from Samuel M. Holty of Ayres Land Company to City re Sunbow -. II, Phase 1 B/Request for Authorization to Construct East Palomar Street. B. Plat for Project No. 17, East Palomar Street between Medical Center Drive and Sunbow Eastern boundary. C. Estimate for East Palomar Street in contract between Kaufman and Broad, Inc. and Erreca's, Inc. for Sunbow II, Phase lB. D. Letter dated October 9, 2000 from Samuel M. Holty of Ayres Land Company to City re Sunbow II, Phase lC, 2A and 2B. E. Bid Letters and estimates from Erreca's, Inc., for Sunbow II, Phase 1C. F. Letters dated September 11, 2000 from City to ACI Sunbow detailing approved estimates for construction bonds for Sunbow Phase II. G. Letter dated March 3, 2000 from Samuel M. Holty of Ayres Land Company to City on Request for Reimbursement for Improvements Related to Olympic Parkway. H. Letter and Table from Merkel & Associates, dated August 31, 1999, regarding DIF Elements for Sunbow Development Projects. 1. Agreements between Ayres Land Company and Kaufman and Broad, Inc. and Centex Homes regarding assignment of DIF credit. H 5HOME~ENGINEERLAGENDA~ADSUNBOW.WPD FILE #0730q95 HX 059 Mr. Clifford Swanson City Engineer CITY OF CItULA VISTA Public Works Department 276 Fourth Avenue Chula Vista, CA 91910 RE: SUNBOW II - PHASE IB / REQUEST FOR AUTHORIZATION TO CONSTRUCT EAST PALOMAR STREET Dear Mr. Swanson: On behalf of ACI Sunbow, LLC, this is to formally request the City's authorization to construct East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow 1I, Phase lB and to receive reimbursement from the City of Chula Vista. The necessary construction documents have been approved by the City of Chula Vista and Otay Water District, together with San Diego Gas and Electric, Pacific Bell and the interested cable television companies. The necessary right-of-way has been dedicated to the City of Chula Vista with the recordation of the Final Map for Chula Vista Tract 90-07, Sunbow Phase IB, recorded as Map # 13720 on February 5, 1999. The required bonds have been posted to secure the construction of this facility with the recordation of the Final Map referenced above. Per a June 3, 1999 letter to our consultant, John M. Leach of Leastar Corporation, from Ralph Leyva, the City of Chula Vista requires copies of bid packages submitted for the construction contract. I have enclosed these for your reference. Bidder Date Bid Amount 1. Erreca's, Inc. March 8, 1999 $ 9,719,700.00 2. TC Construction Company March 8, 1999 $ 9,952,790.00 3. Sukut Construction March 8, 1999 $11,388,705.16 S',m Diego, CA 92101 (619} 544-9100 (619, S44-0646 FAX Mr. Cliff Swanson March 3, 2000 Page Two I have also enclosed a copy of the signed contract for the above-referenced work between Kaufinan & Broad Coastal, Inc. and the low bidder, Erreca's, Inc., dated May 13, 1999. You will also find enclosed a revised Preliminary Budget Estimate for Cost Reimbursement for East Palomar Street, Sunbow Phase IB and a February 9, 2000 memo from Rick Engineering confirming the total grading quantity at 155,200 cubic yards. If you require additional information, please do not hesitate to call me at 619/544-9100. I appreciate your cooperation in granting this authorization. Sincerely, AYRES LAND COMPANY, INC. AS MANAGER OF ACI SUNBOW, LLC Samuel M. Holty Vice President SMH:tJ 1241 smh Enclosures cc: Bill Hamlin (w/o encls.) Mike Leach (w/o encls.) CHULA VISTA D.I.F. EXHIBIT FACILITY NO. 17 PROJECT DESCRIPTION: EAST PALOMAR STREET FROM OLEANDER AVE. TO SUNBOW EASTERN BOUNDARY CONSTRUCT 4 LANE MAJOR ROAD, (LENCTH = 4.854') 50' 50' J2' ,8'I 8' $2' 'l 4- LANE MAJOR ~/0 ESTIMATED CONSTRUCTION COST: SURFACE IMPROVEMENTS $1,726,099 CONTINGENCY (15%) $258,915 DESIGN (6%) $103,566 INSPECTION / ADMIN (6%) $103,566 DJ.F, ADMINISTRATION (2%) $34,522 TOTAL $2,226,668 AYRES , /~- ,'~ ,\ Land Company [~; ~.~ ~[~ ,,~ October 9, 2000 ~o.~. ~t~qt~ ,,~4,o~ V FEDE~ E~ SS Ms. Elizabe~ Chopp CITY OF CHULA VISTA 276 Forth Avenue Chula Vista, CA 91910 SUNBOW PHASE IA, IB & IC / EAST PALOMAR IMPROVEMENTS / POGGI CANYON BASIN / OLYMPIC PA~WAY / ~QUEST FOR TDIF ~IMBURSEMENT De~ Ms. Chopp: ACI Sunbow, LLC is requesting mimb~sement credit for TDIF facilities built within Phase iA, IB ~d IC of Sunbow. While you have previously received our request for reimbursement for P~ase IA ~d IB, we also request reimbursement for Phase lC ~d Phase 2A and 2B i~provements. Per your request, I enclose: 1. Excepts from the Purchase ~d Sale Agreement between Kau~ & Broad ~d ACI S~bow, LLC for Phase IB lots. I have flagged the section indicating that ACI Sunbow, LLC will receive all TDIF credits as a result of construction of East Palom~ Street. 2. Copies of the four construction bids for Phase IC, received from E~eca's, S~ut, H~ard and Cass. A s~a~ of the bids for S~bow Phase IC is also enclosed. 3. The signed contract for IC, executed by Centex Homes ~chaser of IC residential lots) and E~eca's. 4. Excepts from the P~chase and Sale Agreement between Centex Homes m~d ACI S~bow, LLC for Phase IC lots. I have flagged the section indicming thru ACI S~bow, LLC will receive all TDIF credits as a result of construction of East Palomar Street. 5. Engineer's estimate of Phase 2A ~d 2B improvements to East Palom~ S~eet. Per these estimates, the reimb~sement requested for Phase 2A ~d 2B is: 750 B Stn~el, Suite 2370 San Diego, CA 92101 (619) 544-9100 (619) 544-06A6 FAX Ms. Elizabeth Chopp October 9, 2000 Page Two Land Development $ 83,153 Street Improvements 502,171 Water Improvements 83,778 Storm Drain Improvements 26,984 Otay Water District Deposit 12,400 TOTAL Regarding the Poggi Canyon drainage basin, this work has been completed as part of the Sunbow Phase IA improvements. My March 3, 2000 letter outlines the reimbursement we request. Improvements to the Poggi Canyon drainage basin were included in each of the three construction bids we submitted to the City when we requested reimbursement for Phase IA. If you require additional information, please do not hesitate to call me. Sincerely, AYRES LAND COMPANY, INC. AS MANAGER OF ACI SUNBOW, LLC Vice President 1433 smh Enclosures License #395434 12570 Slaughterhouse Canyon Road · RO. Box 640 · Lakeside, CA 92040 Since /~ 1955 Job No. 99-8032 3/I 5/2000 ACI Sunbow, LLC 750 B Street, Ste 2370 San Diego, Ca. 92101 Attention: William R. Hamlin Subject: Sunbow Il, Phase lC - TURNKEY PROPOSAL Gentlemen, Below is our lump sum proposal for the above project. This proposal is based on signed grading and improvement plans, your bid invitation dated 02/04/00, and addendums 1-5. Our proposal and clarifications are as follows: Conditions to proposal listed below are intended as clarifications only and are not stipulations. This is a lump sum bid. l. Changes to plans that affect lump sum items to be negotiated. 2. This proposal is based on constructing entire job with out phasing by owner or other builders. 3. Erreca's proposal is based on the owner paying water capacity fees to Otay Water district for a 6, meter. All capacity fees paid to Otay are reimbursable to owner. 4. Temporary hydro-seed mix is the same as Phase I B. 5. Silt fence is pre-fabricated with out wire. 6. This proposal includes insta[latinn of 9ea meter pedestals for irrigation controllers. 7. Driveway approaches are based on CVCS 1, 16' width and 3' flare. Alternates to be negotiated. 8. Removal of new de-silting basins to be by others at a later date. 9. The Landscape and Irrigation Figure quoted for The Plaza (unit 16) is a budgetary figure only. Final price to be based on approved plans, 10. For the base bid, borrow areas will be deepened or expanded to accomplish the necessary fills. For the alternate bid, if borrow areas are in excess, the excess will remain in its natural state. Should you have any questions please do not hesitate to contact the undersigned. Sincerely, Project Estimator Office Eslimating Shop (619) 390-6400 (619) 390-6400 (619) 443-7551 Fax (619) 443-2758 (619) 443-3002 (619) 443-7624 t955 BID NO 99-8032 SUNBOW II, PHASE 1C BASE BID *****east palomar**~-~ 905 MOBILIZATION 1 LS 5,000.00 5,000.00 910 3.LEAR & GRUBB 1 LS 500.00 500.00 915 MASS EXCAVATION 60,000 CY 1.21 72,600.00 920 ALLUVIUM 4,000 CY 1.02 4,080.00 925 NO STABILITY FILL 200 930 .~ANYON SUBDRAIN LF __ 14.25 2,850.00 935 EROSION CONTROL _ 1 LS 7,500.00 7,500.00 SUBTOTAL EARTHWORK __ 92,530.~ 940 AC PAVEMENT & BASE 75,780 SF 2.68 203,0901~40 945 6" TYPE 'G' CURB & GUTTER 1,730 LF 8.75 15,137.50 946 8" TYPE 'B-I' CURB 1~,610 LF 8.20 __ 13,202100 947 6" TYPE G-3 MONO C & G 230 L~- 1200 2,760.00 948 4" MONOLITHIC S/W 1,830 SF 2.05 3,751.50 949 4" NON-MONLITHIC S/W 14,800 SF 1.85 27,Q10.00 950 PEDRAMPS __ 4 EA 100.00 400.~ 960 STREET SURVEY MONUMENT 2 EA 315.00 630.00 965 SIGNING & STRIPING 1 LS 21,800.00 21,800.00 970 NO. 5PULLBOX --___ 3 EA 16010~0; 480~ 975 NO. 6 PULL BOX 8 EA 180.00 1,440.~- 980 STREET LIGHTS __ 9 EA 4,800.00 43,200.0~ 982 TRAFFIC SIGNAL CONDUIT 1,660 LF 6.65 11,039.00 985 TRAFFIC SIGNAL CONDUIT 1 LS 68,100.00 68,100.00. SUBTOTAL STREET IMPROVMENTS __ 412,040.~ 1000 SEWER I LS 4,300.00 4,300.00 SUBTOTAL SEWER 4,300.00 1100 POTABLE WATER - - I LS 144,600.00 144,60.0.0~ ..... SUBTOTAL POTABLE WATER -- 144,600.0~- Since 1955 BID NO 99-8032 ' · SUNBOW II, PHASE IC BASE BID ****RECLAIMED WATER**** 1203 E' cg00 CL150 ~ LF 2Z8C 1,140.00 1205 6 INCH PVC MAIN 1,250 LF 18.60 23,250.00 1208 2" TEMP BO ASSY 3 EA 700.00 2,100.00 1210 2 INCH BLOW OFF (OWD W-21) 2 EA 1,300.00 2,600.00 1215 2 INCH AIR VAC I EA 2,100.00 2,100.00 121.7 6xl 1/2" WIS 4 EA 1,200.00 4,800.00 1220 NO 8 INCH GATE VALVE 1,225 6 INCH GATE VALVE 4 EA 750.00 3,000.00 1230 CONNECT TO EXISTING 1 EA 3,000.00 3,000.00 1235 MISC FITTINGS/TB's 1 LS 500.00 5q0.00 SUBTOTAL RECLAIMED WATER 42,490.00 1305 18 INCH STORM DRAIN 283 LF 50.00 ~4,150.00 1310 4 INCH PVC 33 LF 20.00 660.00 13!5 TYPE A-5 CLEANOUT 1 EA 3,600.00 3,600.00 1320 TYPE B-1 INLET 2 EA 4_ ,300.008,600.00 SUBTOTAL STORM DRAIN .... 27,010.00 :***LANDSCAPE & IRRIGATION*** 1505 MAINTENANCE WALK 3,760 SF 4.40 15 544100 1510 IRRIGATION ............ 60,450 SF __ 1.66 10_0,347.00 1515 HYDROSEED TURF 23,890 SF 0.06 1,433.40 1520 DROSANTHEMUM 15,570 SF 0.20 3,114.00 1525 5 GAL LAMPRANTHUS SPECTABLIS 12,250 SF 0.20 2,450.00 1530 5 GAL LIGUSTRUM 55 EA 14.30 786.50 1535 5 GAL NERIUM ...... 141 EA ~4~30 2-,016.30 1540 5 GAL RHAPHIOLEPIS ...... 238 EA 14.30 3 403.40 1545 5GALSTERLITZIA 297 EA 15.30 4,544.10 1550 24 INCH BOX KOELREUTERIA 11 EA 200.00 21200.00 1555 24" BOX PITTOSPORUM ........ 16 EA 215.~)-0 3,440.00 1560 15 GAL PYRUS ARISTOCRAT 43 EA 200.00 8,600.00 1565 1 YEAR MAINTENANCE 60,450 SF 0.30 18,135.00 1570 PALMS 17 EA 615.00 10,455.00 1575 MEDIAN DRAINS ......... 1,200 ~F 7.65 9,180.00 1580 5-GAL VIBURNUM 86 EA 15.00 1,290.00 1585 MULCH 1 LS 7,200.00 7,200.00 I~590 SOIL PREP 60,450 SF 020 12,090.00 __ SUBTOTAL LANDSCAPE & IRRIGATION ...... 207~,228.70 GRAND TOTAL ..... 9,8-1~1,724 10 CITY OF CHULA ¥1SI-A DEPARTMENT OF PUBL C WORKf,,~ie ENGINEERING DIVISION : 0600-0fi0-SB020F&SB03"F September 11,2000 ACI Sunbow 750 "B" Street San Diego, CA. 92101 Atm.: Bill Harnlin RE: Approved Impro'vements Bond Cost Estimates for Sunbmv Phase 2 Final Maps The following mounts are approved estimates for the Faithfid Performance and Material and Labor Bonds for major street improvements: Improvement Faithful Perf. Labor & Materials W.O. No. Paseo Ladera- 2A [ $779,664.50 I $779,664.50 SB-020F ] /,ffSZ.-?~' East Palomar -2A [ $295,602.S0 [ $295,602.50 SB-020FJ 9q/~ Zo%dt:) fft three (3) originals of each of the bonds from an approved surety on the appropriate / , Dino Serat Civil EnL meer cc. Tracy deTagyos, Rick Engineering C: .Le,n.e.~ & Mernos'~RWRg_5 drs.cl~¢ ~-£ FOURTH AVENU= / CHULA V!SS~A, C&LIFORNIA 91910-2631 / (619) 691-5C21 AYRES Land Company Mr. Clifford Sw~son Ciw Engineer CITY OF CHULA VISTA Public Works Depmment 276 Fou~h Avenue Chula Vista, CA 91910 RE: SUNBOW II, PHASE IA & lB / REQUEST FOR REIMBURSEMENT FOR IMPROVEMENTS RELATED TO OLYMPIC PARKWAY Dear Mr. Swanson: On behalf of AC1 Sunbow, LLC, this is to formally request reimbursement by the City for improvements related to Olympic Parkway. There are three components of the requested reimbursement. Drainage basin improvements in Poggi Canyon 2. Planning work performed for off-site section of Olympic Parkway 3. Mitigation (general biological, wetlands, CSS) for Phase IA and IB roads Drainage Basin According to TC Construction, and based on the cost breakdowns enclosed, the total cost of the Poggi Canyon drainage basin is $916,969.50. Based on an impact analysis performed by Merkel & Associates in an August 31, 1999 letter (copy enclosed), DIF element roads impacted 6.27 acres of wetlands and CSS of a total project impact area of 17.22 acres. I have applied that percentage (36%) against the total cost of $916,969.50. We therefore request reimbursement of that product, $330,109. Planning Work ACI Sunbow, LLC retained Rick Engineering to process plans for off-site improvements to Olympic Parkway as part of planning work for Sunbow Phase lB. This fhcility has subsequently been taken over by the City of Chula Vista. A copy of Rick Engineering's invoice is enclosed and totals $23,448. We request reimbursement of that sum. 750 B SIreel, Suite 2370 San Diego, CA 92101 (6~) 544-9100 (619) ~4-0646 FAX Mr. Clifford Swanson March 3, 2000 Page Two Mitigation Per the August 31, 1999 letter from Merkel & Associates previously referenced, ACI Sunbow requests reimbursement for general biological, wetlands and CSS mitigation impacts. This amount is calculated by subtracting all non-DIF elements referenced in the letter from the total impact cost of $268,543. The sum is $82,789. In summary, the requested reimbursements are as follows: Drainage basin $330,109 Planning work $ 23,448 Mitigation $ 82,789 TOTAL $436,346 Sincerely, AYRES LAND COMPANY, INC. AS MANAGER OF ACI SUNBOW, LLC Vice President SMH:IJ 1243 smh Enclosures cc: Bill Hamlin (w/o cncls.) Mike Leach (w/o encls.) Merkel & Associates, Inc. 3944 Murphy Canyon Road,Suite C~06 o San Diego, CA 92123 Ph. (619) 560-54~5 · Fax (619) 560-7779 E-mail Med(elInc@ aol.com August 31, 1999 M&A #94-021-14 Bill Hamlin ACI SUnbow, LLC 750 B Street, Suite 2730 San Diego, CA 92101 Re: DIF Elements For Sunbow Development Projects Dear Bill: This letter is to follow-up on your request for allocation of work conducted on the SUnbow project in conjunction with DIF project elements. Specifically, these are identified as follows: ® East Palomar ® Olympic Parkway Medical Center Drive e Telegraph Canyon Road Off-site Sewer To identify costs associated with the DIF facilities, I have segregated costs into proj~t phases. I have further broken costs oat as those hard costs wliich we have been directly responsible for. Th~ proportions used may also be reasonably applied to construction and landscaping costs associated with these elements. In some instances there is no easy way to break costs down by DIF and non- DIF work. To allocate costs, I have broken down the project areas based on a proportional allocation of impacts to be mitigated. Wetla~fl Impact Acres Proporti__o~a _ Non-DIF Elements 3.95 0.64 East Palomar 0.09 0.01 Olympic Parkway 1.67 0.27 Medical Center Drive 0.29 0.05 Telegraph Canyon Road 0.02 0.00 Off-site Sewer 0.2 0.03 Total Wetland Impact 6.22 1.00 .(~_S8 Direct Imp, act Acrea Proportion Non-DIF Elements 7.0 0.64 East Palomar 1.1 0.10 Olympic Parkway 2.5 0.23 Medical Center Drive 0. 4 0,03 Telegraph Canyon Road 0 0.00 Off-site Sewer 0 0.00 ~otal C$$ Impact ll 1.00 Biological Consulling , Environmental Permilting o Habitat Restoration o Ecological Management rue os:46 FAX 619 560 5465 ~003 Consulting costs associated with project work are summarized in the following table by project phase. Costs arc based on contracts for permit processing, required biological surveys and permit compliance measures, pm-construction mitigation plaoning, construction and mitigation installation monitoring, as well as wetland mitigation monitoring and maintenance. Costs include all contracm presently in effect. For genial biological issues and coordination-costs, I have generally allocated these all to the non- DIF elements since the DIF components were generally clear of all issues .other than CSS and wetlands and much of the general costs are associated with MMRP monitoring elements and my conditions. Further, thc developnient ama, on a per/acm basis dwarfs the roadway improvements. please no~e that I have not allocated costs to work clements which have not commenced. For instance, it can be reasonably expected that future phases will have similar costs associated with construction monitoring and CSS mitigati°n as phases already completed. Project Element Pre-Phase Phase IA Phase IB Phase lC Total Permit Processing. $9,399 $5,943 Biologic Surv~:ys $1,779 Permit Compliance $12,415 $1,898 $4,416 Team Meetings and Coord. $7.500 MIvlRP mid Map Conditions $13,150 Construction Monit. $29,194 $25,500 CSS Maint. & Monit. $34,252 $20,857 Conservation Easements $1,934 Wet. Maint. & Monit. $100,306 Total $21,814 $19~,956 $5(1,773 $0 $268,543 Project Element Gea. Bio. Wetlands CSS/GnaI. Coord. Total N~n-DIF Elements $52,982 $86,103 $39,169 $7,500 East Palomar $9,399 $1,972 $5,975 Olympic Parkway $0 $36,598 $13,580 Medical Center Drive $2,599 $6,816 $1,028 Telegraph Canyon Road $0 $438 $0 Off-site Sewer $0 $4,383 $0 Total $64.980 $136,311 $34,252 $7,500 $268,543 'If you have any questions on this matter, please call me. Sincerely, . Keith W. Merkel Principal Consultant Cc: Mike Leach, Leastar PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS by and between ACI SUNBOW, LLC as "Seller" and KAUFMAN AND BROAD COASTAL, INC. as "Buyer" CHICAGO TITLE COMPANY (San Diego, CA) as "Escrow Holder" ESCROW # 8352436 (b) By Buye. r: (1) Buyer represents to Seller that it is a corporation, duly organized, validly existing and in good standing under the laws of the State of California and has the power and authority to enter into and perform the obligations contemplated by this Agreement. (2) Buyer represents to Seller that this Agreement has been duly executed and delivered by Buyer, and is a valid and binding obligation of it, enforceable in accordance with its terms. Neither the entering into this Agreement nor the consummation of this purchase will constitute a violation or breach by Buyer of any contract or other instrument to which it is a party, or to which it is subject, or by which any of its assets or properties may be affected or any judgment, order, writ, injunction or decree issued against or imposed upon it, or will result in a violation of any applicable law, order, rule or regulation of any governmental authority. The individual(s) executing this Agreement on behalf of Buyer is authorized to do so and, upon his (their) executing this Agreement, this Agreement shall be binding and enforceable upon Buyer in accordance with its terms. (3) All representations and warranties of Buyer are true and accurate when made. (4) There are no attachments, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Buyer or presently filed by Buyer, nor is Buyer insolvent within the meaning of California law (nor will Buyer's performance pursuant to the provisions hereof result in such insolvency), nor to the best of Buyer's knowledge are any such actions pending in any current judicial or administrative proceeding or have been overtly threatened against Buyer. 15. CERTAIN TAX AND UTILITY REFUNDS AND REIMBURSEMENT RIGHTS: (a) Tax Refunds. Buyer acknowledges that Seller has applied for certain tax adjustments, and that all sums in the nature of tax or assessment adjustments refunded by the County, if any, for periods prior to the Close of Escrow shall belong solely to Seller. In the event that any such anaounts are refunded subsequent to the time that Buyer has acquired title to the portion of the Property affected, Buyer shall nevertheless immediately remit such refunded amounts to Seller. (b) Park Deposits; Park Grading; Park Reimbursements. Seller has deposited the amotu~t of One Hundred Thousand Dollars ("Park Deposit") with the City in connection with certain obligations for Greg Rogers Park construction. In the event that the Park Deposit is refunded by the City, such refund shall be owned by Seller, and if paid by City directly to Buyer instead of Seller, Buy'er shall remit same to Seller within five (5) business days afier receipt. (e) DIF Reimbursements. Seller is also entitled, and pursuant to this Agreement will become further entitled, to certain development impact fee ("DIF") reimbursements in connection with the City policies therefor in the form of credits ("Development Fee Credits") for future obligations that can be used in the development and construction of improvements on portions of Sanbow. Seller agrees to make available to Buyer, and subject to Buyer's rights 32986/206317v6 24 , I I I ! pursuant to Sections 3 and 4 hereof, Buyer agrees to acquire and purchase from Seller any and all Development Fee Credits that may be applicable (whether before or after the date hereof, or whether before or after the Close of Escrow) to Buyer's development of Residences on the Property at a price ("Development Fee Credit Component") equal tO the face value of such credit as issued by the City to Seller. The Development Fee Credit Component shall be deemed a portion of the Purchase Price set forth in Section 6, and shall be paid to Seller as applicable on a lot-by-lot basis, in immediately available funds, concurrently with Buyer's entitlement to a building permit but in no event later than the time Buyer would otherwise be required to pay any related fees or costs to the City. The categories of Development Fee Credits expected to be available to Seller as of the date hereof are set forth on Exhibit "IF' attached hereto. Buyer's agreement to acquire additional Development Fee Credits (not otherwise described on Exhibit "IF') shall include Development Fee Credits (not now known or accrued) that may become available after the date hereof and are applicable to Buyer's development of Residences on the Property. All Development Fee Credits which Buyer so acquires after the Close of Escrow (in accordance with this Agreement) shall be paid by Buyer to Seller in immediately available funds at the time Buyer would otherwise be required to pay any related fees or costs to the City. Seller agrees to execute and deliver to Buyer, to the extent required by the City, an assignment ("Fee Credit Assignment") of all Development Fee Credits acquired by Buyer pursuant to this Agreement, in such form as is reasonably approved by Seller and Buyer. If Buyer pays any portion of the Development Fee Credit Component in accordance with this Section 15(c) and Exhibit "H" hereof, and Seller has not secured the Development Fee Credits related thereto in a manner acceptable to the City (''Unavailable Fee Credits"), then Seller agrees to pay to the City on behalf of Buyer (and within a reasonable period of time after notification by Buyer) the fee associated with, and to the extent of the Development Fee Credit Component so paid by Buyer, the Unavailable Fee Credits. (d) Survival Provision. The provisions of this Section shall survive the Close of Escrow and delivery of the Grant Deed to the Property. 16. RESTRICTIONS ON ASSIGNMENT: (a) By Buyer. In the event that Buyer contemplates developing the Property by way ora partnership or similar venture with a financial partner, Buyer shall have the right to assign this Agreement and its rights under it to such partnership or similar venture so long as Buyer (i) retains a majority interest in the profits and management of such entity, or (ii) retains a substantial financial investment in such entity and for all practical purposes "Kaufman and Broad Coastal, Inc." will control the construction activity with respect to the Property. Moreover, Buyer shall have the right to assign this Agreement and its rights under it to any business entity the common stock, partnership interests or membership interests of which is/are owned by Buyer or Buyer's parent (Kaufman and Broad Home Corporation), or as may be approved by Seller, such approval to be given or withheld in Seller's sole and absolute discretion. In connection with any assignment by Buyer, such assignment shall be void and of no force or effect unless the assignee assumes the obligations of Buyer hereunder in writing, but as between Buyer and Seller such assumption shall not be in su~bstitution of Buyer's obligations herein undertaken. The obligations of Buyer and any such assignee shall be joint and several. Notwithstanding anything to the contrary contained in this Agreement, Buyer may nominate a third party (the "Nominee") to take title to all or part of the Property at the Closing, subject to the following: (a) unless the 32986/206317v6 25 5. Cooperation to Facilitate Receipt of Reimbursements. Seller and Buyer shall reasonably cooperate to facilitate the implementation of the provisions described in this Exhibit "FI" and its sub-parts. Such cooperation may require that joint reimbursement applications be submitted to the reimbursing entity in order to facilitate the proper disbursement of the fimds or credits. 6. Development Fee Credits. (a) Ownership of Reimbursements. Seller has accumulated certain development impact fee reimbursement rights (defined as the "Development Fee Credits" in Section 15(c) of the Agreement) from the City for constructed improvements on Sunbow in the form of credits for future financial obligations and/or cash and the same shall be deemed Seller's sole and exclusive property and entitlement. Pursuant to the terms of this Agreement, including but not limited to this Exhibit "H", Seller will also accumulate further Development Fee Credits from the City for the constructed Improvements (as defined in this Exhibit "H") in the form of credits for future financial obligations and/or cash and the same shall also be deemed Seller's sole and exclusive property and entitlement (b) Buyer's Purchase of Deveiopn;ent Fee Credits. Pursuant to Section 15(c) of the Agreement, Buyer has agreed to acquire and purchase from Seller any and all Development Fee Credits that may be applicable to Buyer's development of lots and Residences on the Property at a price ("Development Fee Credit Component") equal to the face value of such credit as issued by the City. Such Development Fee Credits, to the extent applicable to the Property, are estimated to be as follows: (i) City's Transportation Development Impact Fee Fund. The Transportation Development Impact Fee Fund credit is estimated at $3,998 per dwelling unit for a total estimated credit of $811,594. (ii) Otay Water District Fund. The Otay Water District Fund credit is estimated at $986 per dwelling unit for a total estimated credit of $200,158. (iii) City's Sewer DIF Fund. The City's Sewer DIF Fund credit is estimated at $400 per dwelling unit for a total estimated credit of $81,200. (iv) Public Facilities DIF-Fire Component. The Public Facilities DIF- Fire Component credit is estimated at $141 per dwelling unit for a total estimated credit of $28,623. (v) Other DIF Credits. Buyer shall also acquire any and all other credits available to Seller that are applicable to the Property and Buyer's development of the single family Residences thereon for an amount equal to the face value of said credit. 32986/206317v6 EXHIBIT "H" TO PURCHASE AGREEMENT DIF REIMBURSEMENTS 1. Reimbursement Provisions. This Exhibit defines the reimbursement rights of Buyer and Seller for portions of "Off-Tract Improvement Work" and/or "In-Tract Improvements" constructed by Buyer pursuant to provisions of the Agreement. Except as defined below, capitalized terms in this Exhibit have the meaning ascribed thereto in the Agreement to which this is app6nded. 2. Construction of Improvements. Buyer shall construct the public improvements defined in the Purchase Agreement as the "Off-Tract Improvement Work" and the "In-Tract Improvements" (herein referred to as the "Improvements"), as specifically required by the Purchase Agreement. The parties assume that the list of Improvements includes public or private improvements associated or required for the development of the Final Map which may qualify for reimbursement of construction or other costs from some third party, including, but not limited to, City and Otay Water District ("OWD'). During the development of the Final Map and the construction of the Improvements, the parties may become aware of public or private improvements which are not currently identified as included within the Improvements. If such shall occur, the Parties shall negotiate in good faith to reach mutual accord on which of those unknown improvements shall be added to that definition, and those shall thereafter be deemed to be within the def'raition of"Improvements" for the purpose of this Agreement. The provisions of this paragraph shall not change or amend thc obligations and rights of Seller or Buyer as described in the Purchase Agreement. 3. Applications for Reimbursement. Seller shall seek reimbursement, on behalf of Seller only, for the costs associated with construction of the Improvements, As part of its cooperation obligations described below, Buyer shall take all actions reasonably necessary to insure that construction costs for the Improvements qualify for reimbursement, but Buyer shall not seek any reimbursement, on behalf of Buyer, for the costs associated with construction of the Improvements. Such actions ("Buyer's Actions") may include timely notifying the appropriate entity of Seller's intent to seek reimbursement; allowing the reimbursing entity to review plans and specifications for the Improvement; and delivering to Seller copies of all construction plans and documents, and all contractor invoices (including a schedule of costs that qualify for reimbursement and those that do not so qualify), as received. Seller will file, in its discretion, all documents requested or required by the reimbursing entity for the purpose of obtaining such reimbursement. The parties assume that such documents will include, but not be limited to, construction plans for the Improvements; copies of bids from contractors; copies of construction and other contracts; invoices from contractors actually doing the construction of the Improvements; and audit reports for each Improvement. Buyer shall reasonably cooperate with Seller in the applications for reimbursement, which cooperation shall also include but not be limited to the Buyer's Actions described above. 4. Ownership of Reimbursements. Reimbursement for constructed Improvements actually received from the reimbursing entity, whether in the form of credits for future financial obligations or cash shall accrue only to the benefit of, or only be distributed to, Seller. 32986/206317v6 H- l PURCHASE AND SAI,E AGREEMENT AND ESCROW INSTRUCTIONS (Villages 5 and 6) by and between ACI SUNBOW, LLC as "Seller" and CENTEX HOMES as "Buyer" CHICAGO TITLE COMPANY (San Diego, CA) as "Escrow Holder" ESCROW # 93100130 promptly deliver written notice to the other party. In such a case, Buyer's sole and exclusive remedies shall be as follows: (a) to terminate the Escrow and Buyer's obligation to purchase, and Seller's obligation to sell, the Property in accordance with the provisions of Section 9(c) hereof; or (b) to elect to purchase and acquire the Property upon the terms and conditions set forth in this Agreement, subject to the matters which cause the representations and warranties not to be true in all material respects. In the event Buyer elects to purchase and acquire the Property pursuant to clause (b) hereof, Seller shall have no liability for, and shall be under no obligation whatsoever to cure or remedy,, any of the matters which cause the representations and warranties not to be true in all material respects. Co) By Buyer: (1) Buyer represents to Seller that it is a general partnership duly organized and validly existing under the laws of the State of Nevada and has the power and authority to enter into and perform the obligations contemplated by this Agreement. (2) Buyer represents to Seller that this Agreement has been duly executed and delivered by Buyer, and is a valid and binding obligation of it, enforceable in accordance with its terms. Neither the entering into this Agreement nor the consummation of this purchase will constitute a violation or breach by Buyer of any contract or other instrument to which it is a party, or to which it is subject, or by which any of its assets or properties may be affected or any judgment, order, writ, injunction or decree issued against or imposed upon it, or will result in a violation of any applicable law, order, rule or regulation of any governmental authority. The individual(s) executing this Agreement on behalf of Buyer is authorized to do so and, upon his (their) executing this Agreement, this Agreement shall be binding and enforceable upon Buyer in accordance with its terms. (3) There are no attachments, assignments for the benefit of creditors, receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any other debtor relief actions contemplated by Buyer or presently filed by Buyer, nor is Buyer insolvent within the meaning of California law (nor will Buyer's performance pursuant to the provisions hereof result in such insolvency), nor to the best of Buyer's knowledge are any such actions pending in any current judicial or administrative proceeding or have been overtly threatened against Buyer~ 15. CERTAIN TAX AND UTILITY REFUNDS AND REIMBURSEMENT RIGHTS: (a) Tax Refunds. Buyer acknowledges that Seller has applied for certain tax adjustments, and that all sums in the nature of tax or assessment adjustments refimded by the County, if any, for periods prior to the Close of Escrow shall belong solely to Seller. In the event that any such amounts are refunded subsequent to the time that Buyer has acquired title to the portion of the Property affected, Buyer shall nevertheless immediately remit such refunded amounts to Seller. (b) Park Deposits; Park Grading; Park Reimbursements. Seller has deposited the amount of One Hundred Thousand Dollars ("Park Deposit") with the City in connection with certain obligations for Greg Rogers Park construction. In the event that the Park Deposit is 34649/216215v7 2 7 refunded by the City, such refund shall be owned by Seller, and if paid by City directly to Buyer instead of Seller, Buyer shall remit same to Seller within five (5) business days after receipt. (c) DIF Reimbursements. Seller is also entitled, and pursuant to this Agreement will become further entitled, to certain development impact fee ("DIF") reimbursements in connection with the City policies therefor in the form of credits ("Development Fee Credits") for future obligations that can be used in the development and construction of improvements on portions of Sunbow. Seller agrees to make available to Buyer, and subject to Buyer's fights pursuant to Sections 3, 4, 5 and 19 hereof, Buyer agrees to acquire and purchase from Seller any and all Development Fee Credits that may be applicable (whether before or after the date hereof, or whether before or after the Close of Escrow) to Buyer's development of single family residences on the Property at a price ("Development Fee Credit Component") equal to the face value of such credit as issued by the City to Seller. The Development Fee Credit Component shall be deemed a portion of the Purchase Price set forth in Section 6, and shall be paid to Seller as applicable on a lot-by-lot basis, in immediately available funds, concurrently with Buyer's entitlement to a building permit but in no event later than the time Buyer would otherwise be required to pay any related fees or costs to the City. The categories of Development Fee Credits expected to be available to Seller as of the date hereof are set forth on Exhibit "H" attached hereto. Buyer's agreement to acquire additional Development Fee Credits (not otherwise described on Exhibit "H") shall include Development Fee Credits (not now known or accrued) that may become available after the date hereof and are applicable to Buyer's development of single family residences on the Property. All Development Fee Credits which Buyer so acquires after the Close of Escrow (in accordance with this Agreement) shall be paid by Buyer to Seller in immediately available funds at the time Buyer would otherwise be required to pay any related fees or costs to the City. Seller agrees to execute and deliver to Buyer, to the extent required by the City, an assignment ("Fee Credit Assignment") of all Development Fee Credits acquired by Buyer pursuant to this Agreement, in such form as is reasonably approved by Seller and Buyer. If Buyer pays any portion of the Development Fee Credit Component in accordance with this Section 15(c) and Exhibit "H" hereof, and Seller has not secured the Development Fee Credits related thereto in a manner acceptable to the City ("Unavailable Fee Credits"), then Seller agrees to pay to the City on behalf of Buyer (and within a reasonable period of time after notification by Buyer) the fee associated with, and to the extent of the Development Fee Credit Component so paid by Buyer, the Unavailable Fee Credits. (d) Survival Provision. The provisions of this Section shall survive the Close of Escrow and delivery of the Grant Deed to the Property. 16. RESTRICTIONS ON ASSIGNMENT: (a) By Buyer. No assignment of this Agreement or Buyer's rights or obligations hereunder shall be made by Buyer without first having obtained Seller's written approval of any such assignment, which approval may be withheld in the sole and absolute discretion of Seller. Notwithstanding the foregoing, Buyer shall have the right to assign this Agreement and the rights, duties and obligations of Buyer hereunder without the need for obtaining Seller's consent to any corporation, general or limited partnership, or limited liability company which is a "Buyer's Affiliate" (as defined following). For purposes of this Subsection 16(a), "Buyer's Affiliate" shall mean: (i) any corporation in which Buyer or its "parent", Centex Corporation, 34649/2162 [ 5v7 2 8 EXHIBIT "H" TO PURCHASE AGREEMENT DIF REIMBURSEMENTS l. Reimbursement Provisions. This Exhibit defines the reimbursement fights of Buyer and Seller for portions of "Off-Tract Improvement Work" and/or "In-Tract Improvements" conslructed by Buyer pursuant to provisions of the Agreement. Except as defined below, capitalized terms in this Exhibit have thc meaning ascribed thereto in the Agreement to which this is appended. 2. Construction of Imnrovements. Buyer shall construct the public improvements defined in the Purchase Agreement as the "Off-Tract Improvement Work" and the "In-Tract Improvements" (herein referred to as the "Improvements"), as specifically required by the Purchase Agreement. The parties assume that the list of Impruvements includes public or private improvements associated or required for the development of the Final Map which may qualify for reimbursement of construction or other costs from some third party, including, but not limited to, City and Otay Water District ("OWD"). During the development of the Final Map and the construction of the Improvements, the parties may become aware of public or private improvements which are not currently identified as included within the Improvements. If such shall occur, the Parties shall negotiate in good faith to reach mutual accord on which of those unknown improvements shall be added to that definition, and those shall thereafter be deemed to be within the definition of"Improvements" for the purpose of this Agreement. The provisions of this paragraph shall not change or amend the obligations and rights of Seller or Buyer as described in thc Purchase Agreement. 3. Applications for Reimbursement. Seller shall seek reimbursement, on behalf of Seller only, for the costs associated with construction of thc Improvements. As part of its cooperation obligations described below, Buyer shall take all actions reasonably necessary to insure that construction costs for the Improvements qualify for reimbursement, but Buyer shall not seek any reimbursement, on behalf of Buyer, for thc costs associated with construction of the Improvements. Such actions ("Buyer's Actions") may include timely notifying the appropriate entity of Seller's intent to seek reimbursement; allowing thc reimbursing entity to review plans and specifications for the Improvement; and delivering to Seller copies of all construction plans and documents, and all contractor invoices (including a schedule of costs that qualify for reimbursement and those that do not so qualify), as received. Seller will file, in its discretion, all documents requested or required by the reimbursing entity for the purpose of obtaining such reimbursement. The parties assume that such documents will include, but not be limited to, construction plans for the Improvements; copies of bids from contractors; copies of construction and other contracts; invoices from contractors actually doing the construction of the Improvements; and audit reports for each Improvement. Buyer shall reasonably cooperate with Seller in the applications for reimbursement, which cooperation shall also include but not be limited to the Buyer's Actions described above. 4. Ownership of Reimbursements. Reimbursement for constructed Improvements actually received from the reimbursing entity, whether in the form of credits for future financial obligations or cash shall accrue only to the benefit of, or only be distributed to, Seller. 34649/216215v7 H-1 5. Cooperation to Facilitate Receipt of Reimbursements. Seller and Buyer shall reasonably cooperate to facilitate the implementation of the provisions described in this Exl~.bit"H" and its sub-parts. Such cooperation may require that joint reimbursement applications be submitted to the reimbursing entity in order to facilitate the proper disbursement of the funds or credits. 6. Development Fee Credits. (a) Ownership of Reimbursements. Seller has accumulated certain development impact fee reimbursement rights (defined as the "Development Fee Credits" in Section 15(c) of the Agreement) fi.om the City for constructed improvements on Sunbow in the form of credits for future financial obligations and/or cash and the same shall be deemed Seller's sole and exclusive property and entitlement. Pursuant to the terms of this Agreement, including but not limited to this Exhibit "H", Seller will also accumulate further Development Fee Credits from the City for the constructed Improvements (as defined in this Exhibit "H'~) in the form of credits for future financial obligations and/or cash and the same shall also be deemed Seller's sole and exclusive property and entitlement (b) Buyer's Purchase of Developntent Fee Credits. Pursuant to Section 15(c) of the Agreement, Buyer has agreed to acquire and purchase fi'om Seller any and all Development Fee Credits that may be applicable to Buyer's development of lots and single family residences on the Property at a price ("Development Fee Credit Component") equal to the face value of such credit as issued by the City. Such Development Fee Credits, to the extent applicable to the Property, are estimated to be as follows: (i) City's Transportation Development Impact Fee Fund. The Transportation Development Impact Fee Fund credit is estimated at $5,920 per dwelling unit for a total estimated credit of $1,456,320. (ii) Otay Water District Fund. The Otay Water District Fund credit is estimated at $1,016.03 per dwelling unit for a total estimated credit of $249,943.38. (iii) City's Sewer DiF Fund. The City's Sewer DIF Fund credit is estimated at $400 per dwelling unit for a total estimated credit of $98,400. (iv) Public Facilities DIF-Fire Component. The Public Facilities DIF- Fire Component credit is estimated at $141 per dwelling unit for a total estimated credit of $34,686. (v) Other DIF Credits. Buyer shall also acquire any and all other credits available to Seller that are applicable to the Property and Buyer's development of the single family single family residences thereon for an amount equal to the face value of said credit. 34649/216215v7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AYRES LAND COMPANY AS MANAGER OF ACI SUNBOW, LLC TO CONSTRUCT THE PORTIONS OF EAST PALOMAR STREET IDENTIFIED AND INCLUDED IN SUNBOW II, PHASES lB, lC AND 2A, AS WELL AS THE POGGI CANYON DETENTION BASIN INCLUDED IN THE PHASE IA CONTRACT, kND RECEIVE CREDIT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES WHEREAS, the City has received letters dated March 3, 2000 and October 9, 2000 from Ayres Land Company requesting authorization and Transportation Development Impact Fee credit for construction of roadway facilities along East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow II, Phases lB, lC and 2A, and for improvements related to Olympic Parkway construction between Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon and mitigation (general biological, wetlands, CSS) for Phase iA and lB roads; and WHEREAS, the TDIF ordinance provides a procedure for issuance of credits or tender of reimbursement offer to developers; and WHEREAS, according to Section 3.54.040 of the Chula Vista Municipal Code, the developer, upon approval of the estimated cost by the Director of Public Works, shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the Transportation Facility Project; and WHEREAS, once the developer has received valid bids for the project which have been approved by the Director of Public Works, the amount of the immediate credit shall be increased to 75 percent of the bid amount and the immediate credits shall be applied to the developer's obligation to pay fees for building permits issued after the establishment of the credit; and WHEREAS, Ayres Land Company has complied with the procedural requirements of the TDIF ordinance for credit at the 75 percent level for Sunbow II, Phases lA, lB and lC and at the 50 percent level for Sunbow II, Phase 2A; and WHEREAS, Ayres Land Company as Manager of ACI Sunbow, LLC will be eligible to receive up to $2,063,738 at the 75 percent level and $295,602 at the 50 percent level against required TDIF; and WHEREAS, the final amount of credit or reimbursement will be determined by the Director of Public Works and be based on actual final costs and the developer will pay all related City staff costs including those for administration of the TDIF credit procedure. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize Ayres Land Company as Manager of ACI Sunbow, LLC to construct the portions of East Palomar Street identified and included in Sunbow II, Phases lB, lC and 2A, as well as the Poggi Canyon Detention basin included in the Phase iA contract, and receive credit against Transportation Development Impact Fees. Presented by Approved as to form by John P. Lippitt JOhn~/~h~ny Director of Public Works City Attorney IH:IH OME~ATTORNEY/RESO\ Sunbow TDIF Credit (November 6, 2000 (1:18pm)] 2 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 11/14/00 ITEM TITLE: Resolution Approving a Joint Use Agreement between the City of San Diego and the City of Chula Vista and authorizing the Mayor to execute the agreement. SUBMITTED BY: Director of Public Work~ 0~ REVIEWED BY: City Manager (4/Sths Vote: Yes No X ) The City of San Diego has approved a Joint Use Agreement with the City of Chula Vista for the Otay 2"d Pipeline to be relocated within Olympic Parkway, Paseo Ranchero and the City of San Diego water easement adjacent to Telegraph Canyon Road, which is also within publicly maintained open space. The agreement outlines each party's responsibilities and obligations for that portion of Olympic Parkway, Paseo Ranchero and the easement area that is being used jointly for public right of way, open space maintenance, the conveyance of water, sewer and storm drainage. RECOMMENDATION: That Council approve the resolution approving a Joint Use Agreement between the City of San Diego and the City of Chula Vista and authorizing the Mayor to execute the agreement. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: On May 4, 1999, by Resolution No. 19448 the City Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7. Condition No. 43 requires the developer to relocate the City of San Diego's aqueduct prior to subdividing Neighborhood R- 17. Phase one of the relocation, approximately 1,500 feet within Olympic Parkway, east of Paseo Ranchero and within Paseo Ranchero, north of Olympic Parkway is nearing completion. The City of San Diego has approved the Joint Use Agreement with the City of Chula Vista for the portion of the aqueduct within Chula Vista's right of way and within the City of San Diego's easement along Telegraph Canyon Road. The agreement calls for each municipality to provide for the continued operation of each other's facilities, and states that neither municipality has prior rights. Tonight's action will finalize the agreement with the City of San Diego. The agreement, however, becomes effective the earlier of (1) the City of Chula Vista's acceptance of Paseo Ranchero and Olympic Parkway or (2) upon the City of Chula Vista's grant of easements to the City of San Diego for the joint use area. FISCAL IMPACT: None. All staff costs associated with the processing of the Joint Use Agreement have been funded by a deposit by the Otay Ranch Company. Attachment 1: Joint Use Agreement between the City of San Diego and the City of Chula Vista tea/11/8/00 9:26:25 AM It:\HOME\ENGINEER\LANDDEV\Aquaduct Joint Use agmt al 13 second draft.doc T · RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, on May 4,1999, by Resolution No. 19448 the City Council approved a Tentative Subdivision Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7; and WHEREAS, Condition No. 43 requires the developer to relocate the city of San Diego's aqueduct prior to subdividing Neighborhood R-17; and WHEREAS, Phase One of the relocation, approximately 1,500 feet within Olympic Parkway, east of Paseo Ranchero and within Paseo Ranchero, north of Olympic Parkway is nearing completion; and WHEREAS, the city of San Diego has approved a Joint Use Agreement with the City of Chula Vista for the Otay 2n~ Pipeline to be relocated within Olympic Parkway, Paseo Ranchero and the City of San Diego water easement adjacent to Telegraph Canyon Road which is also within publicly maintained open space; and WHEREAS, the agreemenk outlines each party's responsibilities and obligations for that portion of Olympic Parkway Paseo Ranchero and the easement area that is being used jointly for public right of way, open space maintenance, the conveyance of water, sewer and storm drainage; and NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby approve a Joint Use Agreement between the City of San Diego and the City of Chula Vista, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement on behalf of the City of Chula Vista. Presented by Approved'as to form by John P. Lippitt JohrF ~/ Kaheny~ Director of Public Works city Attorney IH \H OME/AI~CORNEY~RESOIOtay 2"" Pipeline Agreement (November 6, 2000 ( 11:21am)] Recording Requested by and H;hen Recorded Return to: City Clerk City of Chula Vista 276 Fourth Avenue · Chula Vista, CA 91910 ' NO transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. > Above Space for Recorder's Use Only · JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO This,J.OINT USE AGREEMENT ("Agreement")is made this day of~Uk~I Z000, 2000, by and between the CITY OF CHULA VISTA, a municipal corporation ("CV"), and THE CITY OF SAN DIEGO, a municipal corporation ("SD") and is made with reference to the following facts: RECITALS A. WHEREAS, SD is engaged in the activity of conveying water to the environs of the City of San Diego, State of California, and is willing to allow relocation and thereafter operate and maintain facilities for such purpose located in, under and across that certain right-of-way dedicated or to be dedicated to CV by 0tay Project, LLC ("Otay Ranch") as Olympic Parkway and Paseo Ranchero and easements south of Telegraph Canyon Road on property located in San Diego County, California; B. WHEREAS, CV desires to construct, operate and maintain a future regional public transportation facility and related improvements, including but not limited to: sewer and storm drain pipelines and appurtenances, traffic signals and signal interconnections, irrigation lines and irrigation control devices located in, upon, over, under and across the Olympic Parkway and Paseo Ranchero rights-of-way; C. WHEREAS, CV will be granted fee interest by Otay Ranch in that real property south of Telegraph Canyon and will maintain open space, trails, sewer lines, storm drains and related uses; ! DOCLSMENT NOr''~'' 2 9 3 5 8 JUL 8 1 ZOOO FILED_. OFFICE OF THE CiTY CL_RK . . ,'* D,~O, CALIFORNIA - T D. WHEREAS, portions of the SD water conveyance facility (Otay 2nd Pipeline) located on, about or under Olympic Parkway, Paseo Ranchero, and Telegraph Canyon Road are or will comprise the same land which is legally described in Exhibit "A" and shown on Exhibit "B" attached hereto, which exhibits are incorporated herein by this reference. The areas described on Exhibit "A', and shown on Exhibit "B" are hereinafter referred to as '!Joint Use Area". The configuration of Olympic Parkway within the Joint Use Area is shown on Map No. 13990 on file in the Office of the County Recorder, County of San Diego, California (MAPS), which map is incorporated herein by this reference. The configuration of Paseo Ranchero within the Joint Use Area is shown on Maps No.13592 and 13990 on file in the Office of the County Recorder, County of San Diego, california (MAPS), which map is incorporated herein by this reference. The configuration of the open space south of Tele.~r~4pk Canyon Road within the Joint Use Area is shown on Map No. on file in the Office of the County Recorder, County of San Diego, California (MAPS), which map is incorporated herein by this reference. The configuration of Otay 2nd Pipeline within the Joint Use Area is shown on those certain approved plans numbers 29940-1-D through 29940-13-D (Phase 1 Improvements) and 30279-1 to 30279-18-D (Phase 2 Improvements) on file in the office of SD (Otay 2nd Pipeline Plans), which plans are incorporated herein by this reference; and, E. WHEREAS, Otay Ranch wishes to develop certain property within CV's city limits commonly known as Otay Ranch Village One Phase Seven ("Phase Seven") and Village One West; F. WHEREAS, a condition of Otay Ranch's development of Phase Seven is the relocation of SD's Otay 2nd Pipeline pursuant to Phase Seven tentative map condition 43 adopted by CV Council Resolution 19448; G. WHEREAS, Otay Ranch will perform the actual relocation of Otay 2nd Pipeline which will result in the placement of Otay 2nd Pipeline within the Joint Use Area; H. WHEREAS, CV and SD desire to set forth their respective rights and obligations in the event of actual or potential present or future conflicts in the construction, operation or maintenance of their respective facilities within the Joint Use Area. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the Parties hereby agree as follows: 1. Non-Interruption of Use or Operation of Facilities. Each Party agrees and covenants not to interrupt the use or operation of the other Party,s facilities located within that Joint Use area. Any temporary interference by one Party with the use or operation of an other Party's facilities shall be made only with the other Party's prior written consent. SD specifically agrees, except as provided in paragraph' 9 below, that during any temporary interference it will neither cause any lane of Chula Vista's roadways to be closed for the entire length of such roads nor cause the flow of traffic to be reduced to less than two lanes on such roads. All Parties agree and covenant to work in good faith with the other Parties to permit such temporary interference, and the Party whose facilities are being interfered with shall not unreasonably withhold its consent to such interference. D~y and all costs, expenses or losses incurred by the Party whose facilities are interfered with shall be borne by the Party causing the interference. 2. Neither Party First in Place. Neither SD nor CV shall be deemed the "Party First in Place" or prior in time and superior in title to the other. 3. Future Relocation of Facilities. In the event that future construction (including expansion), operation or maintenance of SD or CV's facilities shall cause the need for relocation of some or all of the other's facilities, the Party causing the relocation shall bear all costs, expenses and losses of or resulting from the relocation. Any relocation shall not occur wlthou~ the prior written consent of the Party whose facilities are being relocated, which consent shall not be unreasonably withheld. 4. EffeCtive Date. The effective date of this Agreement shall be the date cv,s City Clerk on behalf oX CV accepts Otay Ranch's dedications for that portion of the Joint Use Area contained within Parcel "A" as shown on Exhibits "A" and "B" or upon CV's grant of easement (in a form substantially similar to Exhibit"C"attached hereto) to SD for that Joint Use Area in and about Paseo kanchero whichever occurs earlier. 5. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the representatives, agents, successors, assigns and interests of the Parties as to any or all of the Joint Use Area, until released by the mutual consent of the Parties. 6. Agreement Runs with the Land. The covenants and terms contained in this Agreement shall create equitable servitudes on the property described in Exhibit "A" and as shown in Exhibit "B". if such covenants are breached, both Parties shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which either Party or any other beneficiaries of this agreement and the covenants may be entitled. 7. Quitclaim of Interests by SD. In the event that SD permanently terminates the use of the Joint Use ~ea for the purposes set forth herein, SD shall quitclaim its interests, at no cosU or value, to CV. For purposes of interpreting this Agreement, 3 · '[ I T the term ,'permanently terminates" shall mean a willful termination of the use as evidenced by written action or document of either the governing body or official or employee possessing appropriate authority of SD. 8. Written Consent for Construction or Placement of Structures. No Party shall place or construct, or permit the placement or construction of, any structure, temporary or permanent, on the Joint Use Area, without the prior written consent 'of the other Party.. This section shall not prohibit the installation of trails or landscaping except for trees on or about the Joint Use Area south of Telegraph Canyon Road. 9. Emergency Repairs. Notwithstanding any contrary provision of paragraph 1 hereinabove, in the event of damage caused by an act of God, War, or other casualty, or damage caused under circumstances where it would be impractical or impossible for one Party to notify the other Party of the necessity for temporary interference with the other Party's facilities, the Party creating the temporary interference may, without notice, enter upon the Joint Use Area and make emergency repairs to restore its service. The Party creating the temporary interference shall, however, take reasonable and prudent measures to protect the installations of the other Party and minimize such interference, as soon as practically possible, notify the other Party of such emergency repairs. If permanent repairs are required after such emergency repairs have been made, reasonable notice shall be given to the other Party. In the event of any emergency situation, each Party will make all reasonable efforts to notify the other prior to such construction activities. 10. Mutual Indemnification. SD and CV agree that, except as provided in Paragraphs 13.e, 13.f, 13.9 herein, any rights against the other, to be indemnified or held harmless from and against liability, loss, cost, damage and expense arising from (i) any negligent act or omission of the other, its employees, agents, contractors, successors and assigns or (ii) the location and existence of the other's above-described facilities, whether defective or otherwise, including, but not limited to, any such loss, cost, damage, liability and expense arising from damage to or destruction of real and personal property or injury to or death of any person, shall be determined by the law in effect at the time of incident giving rise to such liability, loss, cost, damages or expense; provided, however, that liability and indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation of benefits payable by or for the other under any Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. Liability to a third party(ies) shall be divided between SD and CV in proportion to the measure of SD and CV's liability. Notwithstanding the foregoing, each Party shall hold harmless the other against damage to or destruction of the indemnitor's facilities caused by an act(s) of a third party(ies). 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recording. The Parties hereto shall cause this Agreement to be recorded in the official Records of the San Diego County Recorder's office. 13. Miscellaneous Provisions. 13.a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either Party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the Party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A Party may change such address for the purpose of this paragraph by giving written notice of such change to the other Party. CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: city Engineer CITY OF SAN DIEGO WATER DEPARTMENT 600 "B" Street, Suite 700 San Diego, CA. 92101-4506 Attn: Leonard Wilson A Party may change such address for the purpose of this paragraph by giving written notice of such change to the other Parties in the manner provided in this paragraph. 13.b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 13.c. Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire Agreement and understanding between the Parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the Parties unless expressly noted. 13.d. Recitais; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 13.e. Compliance with Laws. Each Party agrees to comply with all applicable laws, ordinances, governmental regulations or agreements, regarding the habitat, protected species, water quality, solid wastes, hazardous wastes, hazardous materials, toxic subst'ances, and any and all other forms of pollution or nuisance control (herein collectively referred to as "Standards"). 13.f. Mutual Indemnification for Abating Violation of Standards by Other Party. Each Party shall indemnify the other Party for all costs (including, but not limited to consulting, engineering, mitigation, clean-up, containment, disposal, and legal costs) incurred by the other Party a result of abating a violations of Standards in any proceeding before any authority or court, and paying any fines or penalties imposed because of a violation of any Standards, which result from a Party failing to comply with the Standards. 13.g. Mutual Hold Harmless by and between SD and CV. SD and CV hereby assumes liability for, and shall indemnify and hold harmless the other from any suit, enforcement action, or claim resulting from or relating to (1) any alleged violation of Standards, or (2) all injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of the other, and which relate to any alleged violation of Standards which would not have arisen but for the actions, or inactions, of the other. 13.ho Authority of Signatories. Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other .actions have been taken so as to enable said signatory to enter into this Agreement. 13.i. Modification° This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the Parties hereto, their successors, or assigns and duly recorded in the Office of the San Diego County Recorder. 13.j. Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. 13.k. Preparation of Agreement° No inference, assumption or presumption shall be drawn from the fact that a Party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both Parties participated equally in the preparation and/or drafting this Agreement. (NEXT PAGE IS SIGNATURE PAGE) SIGNATUKE PAGE TO JOINT USE AGREEMENT BY AND BETWEEN CITIES OF CHULA VISTA A_ND SAN DIEGO IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first hereinabove set f.orth. CITY OF CHULA VISTA CITY OF SAN DIEGO WATER DEPARTMENT Shirley Horton, Mayor Water D~partment Director Attest: Susan Bigelow, City Clerk Approved as to form: Approved as to form: Casey G. Gwinn ~0h~4~. ~heny O/ City Attorney Catherin~ M. B~dle~ Deputy City Attorney 293585 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT PARCEL "A": A STRIP OF LAND WITHIN PASEO RANCHERO AND OLYMPIC PARKWAY, BOTH AS OFFERED FOR DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP NO. 2, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000, SAID STRIP OF LAND SHALL BE 50.00 FEET WIDE FROM THE HEREINAFTER DESCRIBED TRUE POINT OF BEGINNING TO THE HEREINAFTER DESCRIBED POINT "A", LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE AND SAID STRIP OF LAND SHALL BE 40.00 FEET WIDE FROM THE HEREINAFTER DESCRIBED POINT "A" TO THE HEREINAFTER DESCRIBED POINT OF TERMINUS, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT "M" OF SAID MAP NO. 13990, SAID POINT BEING ON THE SOUTHWESTERLY BOUNDARY OF THAT 100.00 FOOT WIDE STRIP OF LAND KNOWN AS THE SAN DIEGO PIPELINE PER DOCUMENT RECORDED JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY AND NORTHERLY LINE OF SAID LOT "M", SOUTH 89°16'37'' EAST, 58.38 FEET; THENCE LEAVING SAID LINE, SOUTH 44°16'37" EAST, i08.94 FEET; THENCE NORTH 77016'00'' EAST, 14.23 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO; THENCE CONTINUING NORTH 77"16'00" EAST, 11.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 77°16'00'' EAST, 25.00 FEET TO THE INTERSECTION WITH A LINE, PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990; THENCE ALONG SAID PARALLEL LINE, SOUTH 12°44'00" EAST, 181.48 FEET; THENCE SOUTH 57°44'00" EAST, 35.36 FEET TO THE INTERSECTION WITH A LINE, PARALLEL WITH AND 30.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF OLYMPIC PARKVVAY AS SHOWN ON SAID MAP NO. 13990; THENCE ALONG SAID PARALLEL LINE, NORTH 77°16'00'' EAST, 3~5.21 FEET TO A POINT HEREIN DESIGNATED AS POINT "A", SAID POINT ALSO PAGE 1 OF 5 EXHIBIT "A" BEING THE BEGINNING OF A 3030.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°08'00", 1170.49 FEET; THENCE NORTH 55"08'00" EAST, 151.15 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 34"52'00" EAST, 20.00 FEET; THENCE SOUTH 77°25'33" EAST, 19.01 FEET TO A POINT ON THE SOUTHERLY RIGHT-QF-WAY OF SAID OLYMPIC PARKWAY AND THE POINT OF TERMINUS. THE SIDELINES OF THE HEREIN ABOVE DESCRIBED STRIP OF LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN A PERPENDICULAR LINE TO SAID TRUE POINT OF BEGINNING AND SOUTHERLY IN THE SOUTHERLY RIGHT-OF-WAY OF SAID OLYMPIC PARK~NAY. CONTAINING 1.889 ACRES MORE OR LESS. PAGE 2 OF 5 EXHIBIT "A" PARCEL "B": A40.00 FOOT WIDE STRIP OF LAND WITHIN PASEO RANCHERO AS OFFERED FOR DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP NO. 2, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID MAP NO. 13990; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990, NORTH 50°44'35" EAST, 46.04 FEET TO THE INTERSECTION WITH A LINE, PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY, ALONG SAID PARALLEL LINE, SOUTH 39°15'25" EAST, 245.33 FEET TO THE BEGINNING OF A 2360.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26031'25" A DISTANCE OF 1092.50 FEET; THENCE SOUTH 12044'00" EAST, 138.75 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 40.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY IN THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990. EXCEPTING FROM THE HEREIN DESCRIBED PARCEL "B", ANY PORTION LYING WITHIN THE HEREIN ABOVE DESCRIBED PARCEL "A". CONTAINING 1.333 ACRES MORE OR LESS. ' PAGE 3 OF 5 EXHIBIT "A" PARCEL"C": A 40.00 FOOT WIDE STRIP OF LAND WITHIN PASEO RANCHERO AS OFFERED FOR DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP NO. 1, ACCORDING TO MAP THEREOF NO. 13592, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1998, AND ACCEPTED BY THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 12, 1999 AS FILE NO. 1999-0482462 OF OFFICIAL RECORDS, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP NO. 2, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990, NORTH 50°44'35" EAST, 46.04 FEET TO THE INTERSECTION WITH A LINE, PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990 AND AS SHOWN ON SAID MAP NO. 13592, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY, ALONG SAID PARALLEL LINE, NORTH 39°15'25" WEST, 1200.33 FEET TO THE BEGINNING OF A 2040.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°53'54" A DISTANCE OF 281.22 FEET TO THE BEGINNING OF REVERSE 500.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14002'40" A DISTANCE OF 122.56 FEET; THENCE NORTH 45°24'11" WEST, 30.94 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO, SAID POINT BEING ON THE ARC OF A 2068.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 62°50'18" WEST, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 40.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY IN THE WESTERLY RIGHT-OF-WAY OF PASEO RANCHERO AND SOUTHERLY IN THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990. CONTAINING 1.500 ACRES MORE OR LESS. PAGE 4 OF 5 EXHIBIT "A" PARCEL "D": A 30.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF LOT "D" OF CHULA VISTA TRACT NO. 98-06, OTAY RANCH, VILLAGE 1 WEST, "A" MAP NO. 1, ACCORDING TO MAP THEREOF NO. / ~O~J FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON ~/J~l. ~, LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF TELEGRAPH CANYON ROAD AND PASEO RANCHERO AS SHOWN ON SAID MAP NO. /Z~)~,~ ; THENCE ALONG THE CENTERLINE OF SAID PASEO RANCHERO, SOUTH 22°58'51'' EAST, 259.75 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°10'51" A DISTANCE OF 145.94 FEET; THENCE RADIAL FROM SAID CURVE SOUTH 62°50'18" WEST, 68.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY, NORTH 45°24'11" WEST, 218.52 FEET; THENCE NORTH 68°01'28' WEST, 107.10 FEET; THENCE SOUTH 89028'32" WEST, 80.15 FEET; THENCE SOUTH 66058'32" WEST, 829.18 FEET TO THE BEG NN NG OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2102.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°37'20" A DISTANCE OF 573.13 FEET; THENCE SOUTH 82°35'37" WEST, 782.18 FEET; THENCE NORTH 45°28'51" WEST, 46.40 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF SAID TELEGRAPH CANYON ROAD, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY OF TELEGRAPH CANYON ROAD AND EASTERLY IN SAID WESTERLY RIGHT-OF-WAY OF PASEO RANCHERO. CONTAINING 1.817 ACRES MORE OR LESS. PAGE 5 OF 5 ~- /5-- " EXHIBIT "B" E~ist. ~' pipeline to be relocated 40' wide water esmt to be granted by OTAY RANCH to SD ~GE 1 ~ SD fe~ s~rip ~o be granted ~ to OTAY 40' ~ide wo~er e~ ~ ~ be granted by 2 CV ~o SD PARC~ impro~m~s -~- I 40' wide water easement improvements to be granted by OTAY RANCH to SD PARCEL 'B" '$0' wide water easement / to be granted by OTAY RANCH to SD PARCEL 'D" VILLAGE I WEST , ExisL 40" pipeline - -------. to be relocated ~ ese 2 improvements .SD fee strip to be granted to OTAY RANCH Easement to be ~- ~ ? SUNBOW R,\O134\O134YOOg,dwg[iS80] ju(_07_~000,08,37 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required ~ This Space for Recorder's Use Only APN(s). C.V. File No. GRANT OF EASEMENT THE CITY OF CHULA VISTA, a municipal corporation, herein'after called "Grantor", grants to THE CITY OF SAN DIEGO WATER DEPARTMENT, hereinafter called "Grantee" an easement and right-of-way to operate, change the size of, improve, reconstruct, relocate, repair, maintain, and use facilities consisting of the named underground water conveyance facility: "Otay 2nd Pipeline" and appurtenances theretc~, subject, further, to the terms of a Joint Use Agreement ("Agreement") for said Otay 2"d Pipeline by and between the Grantor and Grantee entered into on Should this Grant of Easement conflict with any term or provision of the Joint 11se Agreement, the Joint Use Agreement shall control. Grantor represents that, as the owner of the herein-described real property, Grantor hereby grants to the Grantee, the following real property situated in the City of Chula Vista, County of San Diego, State of California and more particularly described as follows: See Exhibit "A" - Legal Description, Attached Hereto and Made a Part Hereof Grantor and Grantee will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee and Grantor, respectively, their successor or assigns, of the rights hereby granted and as provided in within the said Agreement. THE CITY OF CHULA VISTA, a municipal corporation By: Date: C:\Otay Ranch\Waterline\SD Waterline Grant Deed.doc EXHIBIT "A" PARCEL "C": A 40.00 FOOT WiDE STRIP OF LAND WITHIN PASEO RANCHERO AS OFFERED FOR DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH. VILLAGE 1 "A" MAP NO. 1, ACcoRDING TO MAP THEREOF NO. 13592, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1998, AND ACCEPTED BY THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 12, 1999 AS FILE NO. 1999-0482462 OF OFFICIAL RECORDS, LYING 20.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP NO. 2, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO, 13990, NORTH 50°44'35" EAST, 46.04 FEET TO THE INTERSECTION WITH A LINE, PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990 AND AS SHOWN ON SAID MAP NO. 13592, SAID INTERSECTION BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY, ALONG SAID PARALLEL LINE, NORTH 39°15'25" WEST, 1200.33 FEET TO THE BEGINNING OF A 2040.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7°53'54" A DISTANCE OF 281.22 FEET TO THE BEGINNING OF REVERSE 500.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14002'40" A DISTANCE OF 122.56 FEET; THENCE NORTH 45°24'11" WEST, 30.94 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO, SAID POINT BEING ON THE AFdC OF A 206@.OO FOOT RADIUS CURVE, A RADIAL LINE TO SAID POI,NT BEARS SOUTH 62°50'18" WEST, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAiD 40.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY IN THE WESTERLY RIGHT-OF-WAY OF PASEO RANCHERO AND SOUTHERLY IN THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990. CONTAINING 1.500 ACRES MORE OR LESS, (R-2001-80) 293585 RESOLUTION NUMBER R- ADOPTED ON ,llJL 1 ZOO0 BE IT RESOLVED, by the Council of.The City of San Diego, that the City Manager be and he is hereby authorized and empowered to execute, for and on behalf, of said City, a Joint Use Agreement with the City of Chula Vista, for the operation and maintenance of the Otay 2nd Pipeline, under the terms and conditions set forth in the Agreement on file in the office of'the City Clerk as Document No. PR- 2 9 3 5 ~ 5 APPROVED: CASEY GWINN, City Attorney By Catherine Bradley Deputy City Attorney CB:cdk 07/I 1/00 Or. Dept:Water R-2001-80 -PAGE I OF 1- 2000 Passed and adop;ed by the Council of ~he Ci~ o~ San Diego on "'~' b'/ the folIowing vote: ' ' YEAS: MATH[S, WEAR. KEHOE. STEVENS. WAR~EN. STALLINGS. McCARTY, VAP~GAS~_ MAYOR GOLDING. NAYS: NONE. NOT PR ES EN T:_J~_O_N_E, AUTHENTICATED BY: SUSAN GOLOING Mayor of The City of San Diego, Callfornia CHARLES G. ABDELNOUR City Oerk of The' City of San Diego, California (SEAL) By: PEGGY ROGERS Deputy qEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION 293585 No. R- , passed and adopted by the Council of The City of San Diego, California 'JUL 8 1 2000 CHARLES G. ABDELNOUR City Clerk of The City of San Diego, California By:' , Deputy - ITEM NO. 10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A" FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $200,000 FOR GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD PROJECT WILL BE DELIVERED UNDER SEPARATE COVER /(9 COUNCIL AGENDA STATEMENT Item J 0 Meeting Date 11/14/00 ITEM TITLE: Resolution Accepting the lowest responsive bids and awarding contracts as designated for award on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard, authorizing the expenditure of funds, and authorizing the City Manager to execute said contracts Resolution Authorizing the expenditure of up to $200,000 for the General Requirements associated with the Corporation Yard SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manage~,..@J (4/5ths Vote: Yes _ NoX) On September 26, 2000 the City Council passed Resolutions 2000-333 and 2000-334 approving the rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On October 10, 2000, the City Council passed Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids. On October 17,2000, the City Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids. On October 24,2000, the City Council passed Resolution 2000- 386 approving the award associated with the fourth set of bids. Approval of tonight's first resolution will accept the lowest responsive bids and award all the contracts as designated for award on Exhibit "A" covering the remaining trade work associated with the construction of the Corporation Yard project. The total contract value approved to date is $ 18,305, I 08. Approval ofthe second resolution will authorize the expenditure of up to $200,000 for the general requirements of this project. RECOMMENDATIONS: That Council: 1) Accept the lowest responsive bids and award contracts as designated for award on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard, authorize the expenditure offunds, and authorize the City Manager to execute said contracts, and 2) Authorize the expenditure of up to $200,000 for the General Requirements associated with the Corporation Yard project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Corporation Yard project involves the renovation and expansion ofan existing facility that the City intends to use as its future Public Works Operations Facility and Corporation Yard. On September 26, 2000 the City Council passed Resolutions 2000-333 and 2000-334 approving the /0 Page 2, Item: _ Meeting Date: 11/14/00 rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On October 10, 2000 the City Council passed Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids. On October 17, 2000 the City Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids. On October 24,2000, the City Council passed Resolution 2000- 386 approving the award associated with the fourth set of bids. The first resolution with this agenda statement pertains to the fifth and final set of bids for the Corporation Yard project. Bid and Award Process for the Fifth Set of Bids: In preparation for the Public Bid Openings for the projects, Highland placed advertisements soliciting bids in "The Daily Transcript". The sealed bids were opened at Highland's offices in Chula Vista. As shown on Exhibit "A", the following trades are being proposed for approval to award: Trade Item Contract Total Bid OpeningDate Roofing Motorized Projection Screens Mechanical HV AC General Conditions Rough Cleanup Video Project Documentation Total $ 260,176 $ 6,200 $1,791,740 $ 42,090 $ 16,500 $ 24.500 $2,141,206 8/24/00 8/24/00 1117100 11 17100 10117/00 1117100 Roofing The roofing trade was publicly bid on August 24, 2000 and we received four bids. The apparent low bidder was identified as non-responsive due to not providing their Bid Proposal on the proper forms and for not including a bid bond as required per the Bidding Documents. Roejack Roofing, who was the next responsive low bidder, requested additional time to review the contract documents and secure the bonding. Highland and the contractor have come to terms and are ready to execute the contract. Motorized Projection Screens The Motorized Projection Screens project was publicly bid on August 24,2000. This bid involves the purchase and installation oftwo Motorized Projection Screens. This bid had no effect on the project schedule and due to an oversight was not included in previous bid award packages. Mechanical HV AC This is the third Public Bid round for the Mechanical HV AC Trade Scope. This trade was initially publicly bid on August 24,2000 as two separate packages: 1) Wet Mechanical piping scope (the wet scope includes all the plumbing piping and fixtures associated with the system), and 2) Dry Side Mechanical scope consisting of the actual packaged units and components. Due to confusion in the bid process and conflicting scope descriptions, all bids were rejected at the September 26, 2000 Council meeting and immediately re-bid. Three bid proposals were received and the lowest responsive bid was listed for award at the October 10,2000 Council meeting. During the course of the Council Meeting, Highland and City Staff became aware of a potential formal protest ofthe bid results. This package was formally rejected at the October 17, 2000 Council meeting. City Staff, Highland Partnership and the project Architect (RNL) completely rewrote the Mechanical HV AC specifications, added clarifying details to the scope, simplified the bidding documents and redoubled /0 -I Page 3, Item: _ Meeting Date: 11/14/00 efforts to solicit potential bidders. The third public re-bid was conducted on November 17, 2000 and resulted in the receipt of five bid proposals with Lemon Grove Sheet Metal as the lowest responsive bidder. General Conditions The General Conditions bid covers trade work usually performed by a General Contractor. This consists of small trade-related items that come up during the course of construction such as the setting up of barricades, signage, and general site maintenance and clean up. The General Conditions bid was let informally, commencing the first week of October and ending on November 7,2000. Three bids were received with Gardner Contracting being the lowest responsive bidder. Please note that Gardner Contracting is not owned or operated by, or affiliated with Mr. David Gardner, a principal at Highland. Rough Cleanup During the second week of September Highland commenced with informal solicitation for Project Final Cleanup. After numerous phone calls to local contractors, Highland was only able to receive one bid from Gaza Commercial Services on October 17, 2000. Part of the difficulty in receiving acceptable bids for this scope hinges on the nature of the work and the types of companies that perform this work not being able to carry the required amounts and types of insurance. Because we received only one bid on October 17,2000, Highland attempted to solicit additional bids to insure a competitive bid, unfortunately they were not successful. Video Project Documentation Video documentation is a new construction tool being recommended for use by the City as part ofthe Corporation Yard Project and again as part of the proposed Police Facility. In addition to providing added security for the project, video documentation provides a recorded "video trial" of the job site, monitoring equipment and materials as they are moved on to the job site. As a side benefit, the job site can be accessed via the Internet for remote monitoring. In addition, if approved, this equipment will also be used to monitor the Police Project when its construction begins. Video, Photo Project Progress Documentation was informally bid commencing the second week of September and concluding on October 10, 2000. The original cost estimate was less than $25,000. Therefore, Highland let this bid informally. Of the potential bidders contacted, only one vendor provided a detailed proposal, Studio 3G. The proposal is broken into two parts, Equipment/Installation and Monthly Service Charge to maintain equipment, provide Internet interface with the City of Chula Vista's homepage and provide periodic still and video stream documentation. Studio 3G's package proposal was submitted to Highland on November 7,2000. Exhibit "A" lists the contract amounts that include the bonding costs. Highland staff checked the references, bonding and insurance capacity of each of the contractors. All references of each low responsive bidder have been verified and their work has been satisfactory. Additionally, Highland has met with each ofthe successful contractors to verifY the scope of work for each. Each trade received adequate coverage and bid prices are in line with established budgets. General Reuuirements: Staffis also requesting the authorization to expend up to $200,000 for general requirements that occur during the course of the construction. In a traditional design-bid-build project the City hires a General Contractor to construct the project. Included in the General Contractor's bid are provisions to address It) .; J- Page 4, Item: _ Meeting Date: 11/14/00 general requirements of a job. These general requirements include such items as temporary power, water to the site, perimeter fencing and more as described on Exhibit "B". These items are normally included in the General Contractors overhead (plus mark-up) and therefore the City does not usually see these costs as individual line items. Since the Corporation Yard project is being handled by a Construction Manager/Constructor (CMC) and not a General Contractor, the CMC, Highland, has or will arrange for the general requirements during the course of construction. Highland has estimated these costs at approximately $200,000. With this action Council will authorize the expenditure of funds up to $200,000 to cover these expenses. The General Conditions contractor will provide the labor needed to execute the General Requirements. Financial Statement: FUNDS REOUIRED FOR CONSTRUCTION A. Amount of contracts to be awarded plus General Requirements $ 2,341,206.00 B. Contingencies (5%) on bid contracts onlv $ 107,060.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 2,448,266.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriated Funds $21,699,409.00 B. Funds approved for first, second, third and fourth sets of bids $15,856,842.00 C. Balance $ 3,394,301.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 2,448,266.00 Form of Al!reement: The contracts will be let on the City's standard public works contract form. The City Attorney will approve the final form of the contracts. Wal!e Statement: Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Environmental Status: A Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions ofCEQA. The Negative Declaration was adopted by the City's Redevelopment Agency on July II, 2000. A Notice of Determination was posted in the Office ofthe County Clerk from July 19 through August 18,2000. FISCAL IMPACT: On August 15, 2000 the City Council approved Resolution 2000-297 appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project. Approval of this resolution would authorize the expenditure of $2,448,266.00 to cover the contract /'> /D-- :5 Page 5, Item: _ Meeting Date: 11/14/00 amounts and contingencies associated with all the contracts designated for award on Exhibit "A" and the General Requirements items listed on Exhibit "B". The construction budget appropriated by the City Couucil for this project was $21,699,409. The total value of all the bids approved to date is $18,305,108. This represents a savings of$3,394,301 or 15.6 %. However, during the construction phase we will encounter the processing of change orders, which will reduce the savings realized to date. Attachments: Exhibit "A" - Re-Bid Opening Report Exhibit "B" - General Requirements Items Contractors' Disclosure Statements File # 0735-10-GG131 H:ISHAREDIENGINEERICORPY ARDA W ARD5THAI13.SMN.doc November 10, 2000 4:43 PM /o---t/ EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT REBID OPENING REPORT Bid Package Company Tradel Scope Bid Amount Bond Amount Contract Total Comments F.3 F.3 F.3 Roejack Roofing Nelson Roofing Inc. Letner Roofing Co. Roofing Roofing Roofing 257,600.00 383,415.00 410,000.00 2,576.00 260,176.00 Award N.4 N.4 N.4 N.4 General Air Alpha Mechanical Thermalair Helm Corporation Mechanical HVAC Mechanical HV AC Mechanical HV AC Mechanical HV AC 1,810,000.00 1,942,500.00 2,035,000.00 2,140,711.00 Phoenix Construction Monica Construction General Conditions General Conditions 44,751.00 49,500.00 10 - 5' City of Chula Vista Corporation Yard H:\SharedIEngineerlExhibitA RebidOpeningReport 11110100 Exhibit "B" CITY OF CHULA VISTA CORPORATION YARD GENERAL REQUIREMENTS DESCRIPTION VARIOUS VENDORS GENERAL REQUIREMENT COSTS SITE SECURITY & GUARD SERVICE PROJECT SIGNAGE TEMP ROADS & ACCESS (Trench Plates) ELECTRIC CURRENT CHARGES WATER USAGE CHARGES TEMPORARY TOILETS ON SITE SAFETY - CONSULTANT TEMPORARY BARRICADES - MATERIALS TEMPORARY PROTECTION - MATERIALS TEMPORARY RAILINGS TEMPORARY PROTECTION - FINISHES ADVERSE WEATHER PROTECTION PEST CONTROL PRIOR TO MOVE IN REIMBURSABLE COSTS TRAVEL TEMPORARY OFFICES & FURNISHINGS OWNER OFFICES BLUEPRINTING BID DRAWINGS BID SPECS/MISC_ COPIES BID DOCUMENT POSTAGE BID ADVERTISEMENTS CONSTRUCTION DOCUMENTS BLUEPRINTING - SHOP DRAWINGS FINAL AS-BUILT DOCUMENTS AND COPIES TELEPHONE SERVICE - SETUP - OWNER/ARCH I DRINKING WATER FIRST-AID SUPPLIES SMALL TOOLS AND SUPPLIES 2,500.00 2,000.00 5.000.00 1,500.00 550.00 2,000.00 800.00 6.00 5,000.00 2,500.00 5,000,00 1,000,00 5,000,00 1,500 35,000 7,500 5,000 5,000 25,000 5,000 7,500 3,500 300,00 200,00 400,00 TOTAL 20,000.00 Exhibit B Gen'l Req used at 11_14 Council Mtg.xls; Building Detail 5 MaS 1 LS 1 LS 9 MOS 10 MOS 10 Mas 10 Mas 500 LF 1 LS 1 LS 1 LS 6 MO 1 LS $12,500.00 $2,000.00 $5,000.00 $13,500.00 $5,500.00 $20,000.00 $8,000.00 $3,000.00 $5,000.00 $2,500.00 $5,000,00 $6,000.00 $5,000.00 lDD lD MO $1,000.00 1 LS $1,500.00 1 LS $35,000.00 1 LS $7,500.00 1 LS $4,000.00 1 LS $8,000.00 1 LS $25,000.00 1 LS $5,000.00 1 LS $7,500.00 1 LS $3,500.00 lD MaS $3,000.00 lD MaS $2,000.00 lD MaS $4,000.00 10 MOS $200,000 /0-& - Page 1 of 1- NOTES Req when Equipment Arrives - Est April Temp Construction Signage Could be as CO to existing Contracts Temp Elect - Generator(s) If No Power Source Close Includes $800 Deposit For Temp Water Meter Temp Coverings over Roof Openings, etc Numerous Pits Open Until Equip Install Flooring Protection Cover/Protect Exposed Construction/Stored Materials Per Richard Thompson 8'x24' Site Trailer - Req by Samir Telephone Service to 8'x24' Site Trailer - 3 Lines Reviewed by Richard Thompson 3 Nov 00 Print Date: 11/10/00; 3:34 PM THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. RoejacklRoofing Inc., contractor 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. Mitchell Roe, President If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to re::-resent you before the City in this matter. N/A 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past ]2 months? Yes No X Form L - Disclosure Statement Bid Package Page 10f2 /0-7 If yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th{ past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X If yes, which Official(s) and what was the nature of the item provided? Date: AUQUst 24, 2000 tJ" ,[ /} '(; ;..' """-it ' ~G'-Cd~...-~.-;::~-~ Sigilature of Contractor/Applicant John N. Diamond, Vice President Print or Type Name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization. corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or Committee of the City, Employee, or Staff Members. Fonn L - Disclosure Statement Bid Package Page 2 of2 10 - :/ S8p-06-2000 10:51 From-HIGHLANO PARTNERSHIP INC, 61141821ro T-156 P 002/00l F-8ll IRE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 10 I"() l, prior to any action upon matlers which will require discretionary a<:t1on by the Council. Planning Commission and all other official bodies of the City. a statement of dis.losure of certain ownership or financial imerestS. payments, or campaign contributions for a City of Chula ViSta election must be filed. The following information must be disclosed; I. List the names of all persons havmg a financial interest in the property which is the subject of the application or lhe contract. e.g. owner. applicant. contractor. subcontractor, material supplier. $ 2. If any .person' idemified pursuant to (I) above is a corporation or partnership, liS! the names of all individuals with a 51000 investment in the business (corporation/partnership) entity. AJ 14- If any person" identified pursuant to (lJ above is a non-profit organization or truSt. list the names of any person serving as director of the non-profit organization or as trustee Or beneficiary or trustor of the trust. All fJ 4. Please identify each and every person. including any agems. employees. consultants. Or independent comractors who you have assigned [0 represent you before the City in this matter. _ Dpnr,,,- Hn I=FM A-I'J lerr-sl1 mQ rIa \ I 1 LarrLj 5+evFn'S 5. Has any person'. associated with this contract had any financial dealings with an ofiiciXal" of the City of Chula Vista as it relates to this Contract wlthm the past 12 months? Yes No _ . FQnn L - Disclosure Staterr.ent Bid Package" Page I of2 /0-7 SIP-OS-ZOOO 10:S9 From-HIGHLAND PARTNERSHIP INC, 6194982970 T-ISS P 003/003 F-Bl3 If yes. briefly deseribe the nature of the finaneial interest the official"" may have in this eontraet? 6. Have you made a contribution of more than $250 wi~e past twelve (12) months to a CUrrent member of the Chula Vista City Council? Yes No If yes. which Council Member(s)? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors. Executives. non-profit Board of Directors) made conuibution totaling more than $1.000 9ver the past four (4) years to a CUrrent member of the Chula Vista City Council' Yes :-10 )~ _ If yes. which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office" of the City of Chula Vista in tho past twelve (12) months? ~T . s includes being a SOurce of income. money to retire a legal debt. gift. Joan. etc.) Yes No _ _ If yes. which Official(s) and what was the nature of the item provided? ....... Date: q/r:;/u-D I r ~ e r Print or Type Name of Contractor/Applicant HIL: SpeCJpedYrodue..fsj ....L..1t.JC Person is defined as: 'lny individual. firm, co-pmncrship. jQim venlurt:, association. social club. fratemal organiz3tion. corporation. estate, trust. receiv~r, :syndicate. any other county, city. municipality. district. or other political subdivision. Or any other group or combination acting as a unit. ** Official Includes. but is not limited to: Mayor, Council Member. Planning Commissioner, Memb~r of a BOJfd. Commission or Committee ofth. City. Employee. or $taffMemt>ers. Form L - Di:Sl;losut~ Statement Bid PaC'k.ag'C! P'age2of2 /0- /0 " , THE CITY OF CHLTLA VISTA DISCLOSURE STATBfENT ( Pursuant to Council Policy 101-01. prior to any action upon maners which will require discretionary action by the Cocn:,!. DI::l>oir.g Com~i5sion and all other official bodies of the Cit\', a statement of disclosure of cerrain owner,hip 'If financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed, The following information must be disclosed: I. List the names of all persons having a financial interest in the property \\ hich is the subject of the application or the contract, e.g.. owner, applicant, contractor, subcontractor, material supplier. NONE 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $]000 investment in the business (corporation/partnership) entity, NONE ( 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NONE 4. Please identify each a;,d every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. N/A 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No XX ( Form L - Disclosure Statement Bid Package Pagelof2 (0 -If If yes, briefly describe the nature of the financial interest the official** may have in this contract' ~/~ 6. Ha\e you made a contribution of more than S250 within the past t\\<elve (12) months to a current member of the Chula Vista City Council' Yes No XX If yes. ",hich Council Member(s)' 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors I made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council' Yes No XX If yes, which Council Member(s)? 8. Have you provided more than $300 (or an item of equivalent value) to an office'* of the City of Chula Vista in th! past I\\<elve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No XX If yes, which Official(s) and what was the nature of the item provided' Date: SEPT. 20, 2000 l1 SIgnature of Contractor/Applicant RICK R. VON GOTTBERG, PRESIDENT Print or Type Name of Contractor/Applicant LEMON GROVE SHEET METAL WORKS, lNC. , Person is defined as: any individual. firm, co~partner5hip, joint venture. association. social club, fraternal organization. corporation, estate, trust, receiver, syndicate, any other county. city, municipality, district. or other political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner. Member of a Board. Commission or Committee of the City. Employee. or Staff Members. Form L - Disclosure Statemem Bid Package Page 2 of2 IO-/p THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 10 1-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner. applicant, contractor, subcontractor, material supplier. -ilv~r=r- 5 Gu:rrPNr M(ciA~ L 6,drz{?Nlv- 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. pI+- 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. }I(A- 4. Please identify each and every person. including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. frl.~..s ~Ar-RUY- 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months" Yes No x::: ~ FOnTI L - Disclosure Statement Rebid Package Page I 01'2 /0- /3 If yes, briefly describe the nature of the financial interest the official'* may have in this contract~ jJ/4- . (I 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No X If yes, which Council Member(s)~ Vfr ' 7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No y( If yes, which Council Member(s)" /Y /74- { I . 8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No XJ If yes, which Official(s) and what was the nature of the item provided? ( #0- Date: It) .16 .IJ(!) ,~ Yf,-:;~ Signature of Contractor/ App lcant ~ ;:;'r G~r/.A4- Print or Type Name of ContractorlApplicant * Person is defined as: any individual. firm, co-partnership, joint venture. association, social club, fraternal organization. corporation. estate, trust, receiver, syndicate, any other county, city. municipality, district, or other political subdivision. or any other group Of combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council Member, Planning Commissioner, Member of a Board, Commission or Commiuee of the City, Employee, or Staff Members. Form L - Disclosure Statement Rebid Package Page 2 of2 /o-/<!- FROM FPX NO. : AU9. 18 2000 03:28PM P2 ......,.......... .-. NOV-0?-aa 18,21 FROM'Highland FartnershiF Inc. IO,elg2~4QB7a l"I\QE !:Ii Tlrn CITY OF CHtlLA VISTA DISCLOSURE STATEMENT :Puraus.nt t<l C=il poliey 101.0 I, prtor to any acllon upon maIlerS WlIich will require QiSOretionaIy action by ~ Co",,",l. l"Ia.nning C:oIlllIlission ;md all olhet officio.! bodies of tbe City, a s<aEe""= of <l~I"""r<: of c_ =bip or &=401 intereSlS, paymentS, or campaign l:Omrlbullons for a City of Chula Vista o~llon 1D\lSI be flied. The followlJlg Infomwlon IllUSllle dlscio5ell: . 1. List the names of all persons: havJng :1 f"m.,.".;.l imerest in the prcperry which is the subject of the appli"'<tic<l or the comract, e.g., OW!ll!!T, applicam:. comractor, subeonaactor, marerial supplier. Raul R. Garcia DBA Gaza Commercial services 2. If any person* identified. punuant to (1) above is a corporation or partnership, list the names of oJl individuals with a Sl000 inves1Il1em in the business (corpol2tionlpannersbip) ~tity. N/A 3. If any P="'n* idcmilicd pw-.....nt to (I) 011""" ~ .. DOn-pwfit organizarion or =t. Ii>! <he: name. of any person , .serving as director of the non-profit OTe::;;l"nl-7MTon or as trustee or bcm:ficiary 0[' truster at the IIUst:. N/A 4. Ple<18e idenlify each o.nd every pe~son, ir>;luciing any agentS, employees, 00"",,118_. or independent contraetor> , who you have assi,:ned to represent YOll before the City in this matter_ . N/A ~ S. Has any p=n'" llSsociar.ed with this COll!l'al:C had any fmanclal dealings with an offICial'. of the City of Chula.. Vi.ta as it ICl~ to lirl. """lI:aCl within the PIlOt lZ months? Yes No X '. Fcnn L - Di~...... S-.- _dP.~ hie: L cf3 /0---/5 FROM FAX NO. : A~9. 18 2000 03:29PM P3 NOV-07-~0 16,28 rl'!OMdhghlancl P_rtn","s'"p Inc. 10,61S2342870 PAGE 3/4 If l'~. briefly QllScribe the naMe of the fiIlaI:zcial interest me officla!" may have izIlhis oontraCt? N/A IS. Ha.ve you ~ a. conttibution of more than $2SO within lbe pll$l twelve (12) rlzonlbs to a CUIIem member of the Chllla Vista. Cil)' Council? Yes No X If Yes, which Council Member(s)? 7. Jhve YOll or:my me~r ofyoll\' govexnlng bo.ord (i.e. Corporate BMtd o! Dlreerors, Exe~v~.. noo-profit \:loard of 01=) made roru:ribution rotallilg mote th." SI.ooo over the pa.t four (A.) years to " ourr""t member of <he . ChuJa. V!$tll. City CotmI:U? Yes 'No l{ ICye&, wblob C<>lID<>ll Member($)? 8. Howe YOU Plov1<led mote Ihan $300 (or an Item of equJ,vOllerlt value) to an office.~ of the City of CllUIa Vista in the past welve (12) mo=? (Thls lrlclu<les bel:ng a soun:e 0' !l:oom.. m~ 10 ren:-e.. leg:U Clel)'. gIft. 103ll. etc.) Yes No X I' yes. wllicl1 Officla.l(s) aml what was the narure of tl\e l1l!m provided?, Dale: November 08, 2000 /2/(ft-, SignalllIe of Contr ppllCal1t Raul R. Garcia !'rim or TYPe Name of ContractOr/ Applicanl Form L - Disdosure SllItemem R..iol~ h:clafS IO~/(P 1-10-2000 3,27PM FROM P.2 TIlE CITy OF (HULA VlSfAlllSCLOSURE STATEMEIIT r",..~, w ("..,,1 r,,};..,. IMJlL r'o" I" 0111 ~~o. ~\A 1I1Igft! wlIi~~ UlllllfijUiIt di.mtiunllf1 ~111m t) I~' l,:.t.,uDl.-iL l"11QniBj; C'i;H:tlmi~...,j,)g, ;u~d 1111 {)t~t:f ol'G....a1 ~J1 ..llb~ Chy. ,,~...h:rr-~' ~>f J~,,;ch.,.\lK; 01 t,.~l"I.:..i1l \'....nc[~b.il' "I [1.U.WO"....:.! inl"I'I-'~),. r"lr~no."'l'll~. .n C:UmrWlttJ \-~)Dlli'h'R\i~.. 1m . Ci.ty 1,'11 Chl.Un 'Vj}'loOl 101l:'\..'1iu," rnu!ll t-...: lilt'~. ~ IdU"....olS iE1l"orm;:llj{.(.l. m....,ot toe di..",i.,~' l.i::<.t t.b.e nlolm,,', 0: ./lit J'Cl15'.JP;1'o bAvia: u 6~"1 ,illltu::>t ~Q tl)lt t't\:.petl' -Ili;:b. ;lIIo l~ )vttjclo"\ vt' ~br: OIM'hGl1.i"1I PI ,hI,: (,.....p.!I~1 I:.~, ('....ru:r ;;tl"T'icant, ~'"lr,..,.....r, ~hI)...nv....1..:of. ~~tjM ""rrl;,u. rJ/~ Z 11 ~'!i pcr""ll' i<.1cnliti~d r\ln"ul;~T II' (1) ~t--..f\: i!' llo g111j'J\?n1it)!:l ,'T r~D,t:-h.iP' It..., .~ ntlho:!o ~'ll11,U il'll.livIJ\l.lIl:. ..,hb /I SliM.' iilvci<lt>1(.:nl 1.11 tb", ...m.i'I"J.>\ (......,p(H.jl.~i..nlp~rWr) "Q.~i.')'. 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J,:~" '1-13-20003,28PM FROM P.3 O-~I-I~ ~~UWI"I "I<4JI'I ~. ~ 11-10- 2IJ!0 12: 32PM FRCJ4 P.3 II Yb. ~ril-ay ile!l:rihr Ihr _t of lit liaBiaI iDJeltl4lht ufflCial" IllIIY hive ia l~ I;l19lrlCl? -~j~ fl.. Haft 'jfN ~ ~ ""1~~~1&ti"1lI ,~i ...._ tt.- ~ ...nlNa. ,he p.l"\ ,...""~"~ (IZ) ........". kr . ""'1~iL1. .-mt...r .,1' l.... Ozul" Vp.ilPl (,117' C..",.ClI? Yc,.. _...__~ __.. .f1~,..-h:J..-lIc....\!tr.l,rM..cnN:J'(~"! AV'A 7. H>i"'~ yuu. .~ un,. ~GJh:r \11" ycmr 51)""11_ '-'N',f(i.c. C4wpur4E" ~ of J).i~lt'llo. ~~..tIt'. IIOII'p!\.rit .)"u',1 I,i Din.'CIl..tA) rD:.IlIIiI! l,lOIItritlVli'JA "''''llliI'g ~n.:: .w II.UnO ~~r ttt- rr""" :rvlil (a) )'ltA>>''' In a -:"l.I.rr.:nt trll'~[ \.l tk c;:h~& V~~ City Cp.uwif'! Y",=- ~ Ir Y"I'I. ...bkia Cl'llUl~il Moe-mJ:ioIr1(It)'f IJ/a. .... tb"c- yoao p~.,.,;.-J _."'" t~'tP SJe,:C' (~Il' ~ l\e;1D I)f "uiv.!al .".;JUrI:) It.. ~ ClIl',~". ~t'lk City of c,'1s.,t", Vu.IJ. In Ul~ f'l/o'fl. '1'_1""" (12) m;.nUt:-.'i (Thil- jJl,-Iy"L.;:. ......ine 1I ~n;II: "I ilU"flro. rhUDl:Y lu r,",li~ *' w_~..s.trI. ;itt. h~. ,,1...",) l'~s _~.._ ~ l(yP._b;.:hOft.d...I('Ilo)llAoIi~W.;b;~IloIl~(1J"_h:c_rto..\(iJ.:d'! ~ D'll\:; 11.//,. j". ~~l~~"~_ ~ ~,... 'toE~"''''__._d_'' r,;", -<>r T)lrc Naorar.: oi Qln\'I'..~(J^""I(;aftl f,lnDl._Di..l..dP;lIlTSlIkl......)1 ~o:,..k'" P.1l.)'z..,O /0-/7;' RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "Au, FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS WHEREAS, on September 26, 2000, the City Council approved Resolutions 2000-333 and 2000-334 approving the rejection, re-bid and award associated with the first set of bids for the Corporation Yard Project; and WHEREAS, on October 10, 2000, the City Council approved Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard Project; and WHEREAS, on October 17, 2000, the City Council approved Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard Project; and WHEREAS, on October 24, 2000, the City Council approved Resolution 2000-386 approving the award associated with the fourth set of bids; and WHEREAS, on August 24, 2000, at Highland Partnership's offices, bids were received for Roofing and Motorized Projection Screens; and WHEREAS, on October 17, 2000, at Highland Partnership's offices, bids were received for Rough Clean Up; and WHEREAS, at 2:00 p.m. on November 7, 2000, at Highland Partnership's offices, Highland received bids for Mechanical HVAC, General Conditions and Video Project Documentation; and WHEREAS, the bid received from J. P. witherow for roofing services was found to be non-responsive because the bidder failed to submit a bid bond or certified check as required by the city Charter on public works bids of more than fifty thousand dollars; and 1 /O-Ic; WHEREAS, Exhibit "A" lists the contract amounts covering some of the trade work associated with the construction of the Corporation Yard Project; and WHEREAS, Highland staff checked the references, bonding and insurance capacity of each of the contractors and all references of each low responsive bidder have been verified and their work has been satisfactory; and WHEREAS, a Negative Declaration (15-00-52) was prepared for this project pursuant to the provisions of CEQA and was adopted by the Redevelopment Agency on July 11, 2000; and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula Vista does hereby accept the lowest responsive bids and award contracts as designated for award on Exhibit "A", for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED the City council hereby authorizes the expenditure of $2,448,266.00 to cover the contract amounts and contingencies associated with the contracts. BE IT FURTHER RESOLVED that the City Manager of the city of Chula vista is hereby authorized and directed to execute said contracts. Presented by Approved as to form by John P. Lippitt Director of Public Works ~~~hWt city Attorney H:\Home\Attorney\Reso\CorpYardS 2 (0- / () Bid Package Company EXHIBIT "A" CITY OF CHULA VISTA CORPORATION YARD PROJECT REBID OPENING REPORT Tradel Scope Bid Amount Bond Amount Contract Total Comments F.3 F.3 F.3 Roejack Roofing Nelson Roofing Inc. Letner Roofing Co. Roofing Roofing Roofing 257.600.00 383,415.00 410.00000 2,576.00 M9:t.g[~~:2!1191~~!!9D~!~~B:~;i, :j:Iilll~lIlkllliiilil1illgii:Ji~1E0L[]1lli~~t2;;: ;>:\:~,'0:.,:;~L~L::'; ~~;iit;~; J.1 Specified Products Projection Screens 6,200.00 MECHANICAJ,J:!Y~C . ... ...0iliU'c.... . ~ .....".. N.4 Lemon Grove Sheet Metal NA General Air NA Alpha Mechanical NA Thermalair N.4 Helm Corporation GENERAL'CONDITIONS. ",; ....~. ...,,~ -^~,,,-..:_._,,,". Gardner Contracting Phoenix Construction Monica Construction ROUGH CLEAN UP Gaza VIDEO PROJECT DOCUMENTATION Studio 3G ;.~...... "'f......,. ,...,.'-':'" ..... "....\.ot.....;....,;,,;,'c..-, '. --~~"'"!!':',...,,.......~ " .~ i....;;.\'4::;j,~ ' City ofChula Vista Corporation Yard ,"~:J1~~~~~'L"ii:~::~._ Mechanical HVAC Mechanical HVAC Mechanical HVAC Mechanical HV AC Mechanical HVAC ~ _ _".,..'..1, 1,774,000.00 1,810.00000 1,942,500.00 2.035.00000 2.140.711.00 17,740.00 "'""";."""""__-'-""";,"W '.__. ;'~'-.F "'.- "",' ",. :, .,.;-..t;;....._..,"..,,,'_. .,", General Conditions General Conditions General Conditions 42,090.00 44.751_00 49.50000 Rough Clean Up 16.500.00 , ''''....-,.,..,..- Video Project Doc. 24,500.00 ',',':-::"'. .. -c:'SUBlOT ACCONTRAcT AMOUWrS .,"'.:, ,_,..Jjj,,-,,,-..,,,~_,,~,_ ""',.,""'_..............."--".,...- ""_...~_'.... .._.~....- ...~_..-'...._ ",....~......~._. "'":T~..7/:~,'~.~;;;';;"PREVlOUSCONtRActEDAMOlfNTS ... ";:L;:';~;l....',~;::,'.' 0, l ....;.,;....;.....,. ,..' ',.....'.;', " "',,".*,,.." "',,,,.~';,,~j.'- f~" ,'"....,,' .._L.. .. ... '_~otAI,.CONTRACT ,AMQUrilTSTO DATE fO-;J( 0.00 0.00 0.00 0.00 Responsive 260,176.00 Award 6,200.00 Award 1,791,740.00 Award 42,090.00 Award 16,500.00 Award 24,500.00 Award .2,141;206.00 :15;006;516.44 17,147,722.44 H '.Shar<!d\En'l'M~r'E~nlo't;" _ R~l>,d Cp~nlng Report 11110100 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $200,000 FOR GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD PROJECT WHEREAS, staff is requesting authorization to expend up to $200,000 for general requirements that occur during the course of the construction of the Corporation Yard; and WHEREAS, in a traditional design-bid-build project, the City hires a general contractor to construct the project and included in the general contractor's bid are provisions to address general requirements of a job; and WHEREAS, these general requirements include such items as temporary power, water and fencing to the site; and WHEREAS, because these items are normally included in the general contractor's overhead (plus mark-up), the City does not usually see these costs; and WHEREAS, the Corp Yard is being handled by a Construction Manager/Constructor, Highland, who has or will arrange for the general requirements to be handled during the course of construction; and WHEREAS, Highland has estimated these costs will be approximately $200,000 and with this action Council will authorize the expenditure of funds up to $200,000 to cover these expenses. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby authorize the expenditure of up to $200,000 for general requirements associated with the Corporation Yard project. Presented by Approved as to form by ~~~~ J, M. Kaheny Clty Attorney John P. Lippitt Director of Public Works [H:\HOME\ATTORNEYIRESO\ Corp Yard General ConditIOns Expenditure {November 9, 2000 (2:27pm)] /()-- ~ RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "Au, FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS WHEREAS, on September 26, 2000, the city Council approved Resolutions 2000-333 and 2000-334 approving the rejection, re-bid and award associated with the first set of bids for the Corporation Yard Project; and WHEREAS, on October 10, 2000, the city Council approved Resolutions 2000-353 and 2000-354 approving the rejection, re-bid and award associated with the second set of bids for the Corporation Yard Project; and WHEREAS, on October 17, 2000, the City Council approved Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award associated with the third set of bids for the Corporation Yard Project; and WHEREAS, on October 24, 2000, the city Council approved Resolution 2000-386 approving the award associated with the fourth set of bids; and WHEREAS, on August 24, 2000, at Highland Partnership's offices, bids were received for Roofing and Motorized Projection Screens; and WHEREAS, on October 17, 2000, at Highland Partnership's offices, bids were received for Rough Clean Up; and WHEREAS, at 2:00 p.m. on November 7, 2000, at Highland Partnership's offices, Highland received bids for Mechanical HVAC, General Conditions and Video Project Documentation; and WHEREAS, the bid received from J. P. witherow for roofing services was found to be non-responsive because the bidder failed to submit a bid bond or certified check as required by the city Charter on public works bids of more than fifty thousand dollars; and 1 WHEREAS, Exhibit "AU lists the contract amounts covering some of the trade work associated with the construction of the Corporation Yard project; and WHEREAS, Highland staff checked the references, bonding and insurance capacity of each of the contractors and all references of each low responsive bidder have been verified and their work has been satisfactory; and WHEREAS, a Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions of CEQA and was adopted by the Redevelopment Agency on July 11, 2000; and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the lowest responsive bids and award contracts as designated for award on Exhibit "Au, for the renovation and expansion work associated with the future Public Works Operations Facility and Corporation Yard. BE IT FURTHER RESOLVED the city Council hereby authorizes the expenditure of $2,448,266.00 to cover the contract amounts and contingencies associated with the contracts. BE IT FURTHER RESOLVED that the City Manager of the city of Chula vista is hereby authorized and directed to execute said contracts. Presented by Approved as to form by ~~~hWf city Attorney John P. Lippitt Director of Public Works H;\Home\Attorney\Reso\CorpYard5 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP TO $200,000 FOR GENERAL REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD PROJECT WHEREAS, staff is requesting authorization to expend up to $200,000 for general requirements that occur during the course of the construction of the Corporation Yard; and WHEREAS, in a traditional design-bid-build project, the city hires a general contractor to construct the proj ect and included in the general contractor's bid are provisions to address general requirements of a job; and WHEREAS, these general requirements include such items as temporary power, water and fencing to the site; and WHEREAS, because these items are normally included in the general contractor's overhead (plus mark-up), the City does not usually see these costs; and WHEREAS, the Corp Yard is being handled by a Construction Manager/Constructor, Highland, who has or will arrange for the general requirements to be handled during the course of construction; and WHEREAS, Highland has estimated these costs will be approximately $200,000 and with this action Council will authorize the expenditure of funds up to $200,000 to cover these expenses. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby authorize the expenditure of up to $200,000 for general requirements associated with the Corporation Yard project. Presented by Approved as to form by John P. Lippitt Director of Public Works ~~7~ Clty Attorney [H:\HOME\ATTORNEYIRESO\ Corp Yard General Conditions Expenditure (November 9. 200Q (2:27pm)] COUNCIL AGENDA STATEMENT Item II Meeting Date 11114100 ITEM TITLE: Resolution Accepting Bids and Awarding Contract for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the City of Chula Vista, CA (STM-344)' Project. / SUBMITTED BY: Director of Public Works~ (0~ (4/5ths Vote: Yes No X) REVIEWED BY: City Manager At 2:00 p.m. on November 1, 2000 in Conference Room 3, the Director of Public Works received sealed bids for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the City of Chula Vista, CA (STM-344)" Project. The general scope of the project involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement and other work necessary to complete the project from Oleander Avenue to Brandywine Avenue to meet the Olympic Parkway construction to the east. RECOMMENDATION: That Council Accept Bids and Award the Contract for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the City of Chula Vista, CA (STM-344)" Project to West Coast General Corporation, in the amount of $1,974,280.26. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 1999-2000 Capital Improvements Program (CIP) Budget for the construction of street improvements in conjunction with the construction of Olympic Parkway to the east. The work to be done consists of grading, installing curb, gutter and sidewalk improvements, asphalt concrete pavement, storm drain and sewer improvements, streetlights and traffic control. Rick Engineering prepared the drawings, specifications. McGill Martin Self, Inc. coordinated the review of the plans and specifications for the City. City staff advertised the project. Staff received and opened bids on November 1, 2000. Page 2, Item Meeting Date 11/14/00 The City received bids from eight contractors as follows: CONTRACTOR BI1) AMOUNT 1. West Coast General Corporation $1,974,280.26 2. Pullman Engineering, Inc. $1,984,853.70 3. Archer Western $2,096,796.50 4. Hazard Construction $2,213,210.70 5. Mesa Construction $2,393,605.80 6. Wier Construction $2,452,466.52 7. Scheidel Contracting $2,535,250.00 8. J.D. Paving, Inc. $2,942,415.96 The low bid of $1,974,280.26 is below the Engineer's estimate of $2,465,419 by $491,138.80 or less than 20%. Staff's bid estimate was based on average prices for similar type work completed during the last two years. Recent bids have consistently been below the engineer's estimate. Our estimate for this project reflected the average bid price for the project. Engineering staff checked the references provided by the contractor. A 20% contingency instead of the usual 10% was proposed for this project because of possible construction changes involving noise mitigation structures. It is also anticipated that soils tests at pavement sub-grade level may require a thicker pavement section than was estimated. All contractor references were verified and their work has been satisfactory. Staff has reviewed the low bid and is recommending awarding the contract to West Coast General Corporation of Lakeside, California. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The City Council adopted the Mitigated Negative Declaration (IS-00-42) for the project on October 24, 20000. A copy of the Mitigated Negative Declaration (IS-00-42) is available in the City Engineer's office for review. Page 3, Item Meeting Date 11/14/00 Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $1,974,280 B. Contingencies (20%) $394,856 C. Staff Costs (Design & Inspection) $75,000 D. Soils & Materials Testing $100,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,544,136 FUNDS AVAILABLE FOR CONSTRUCTION A. DIFTRANS Funds $2,700,000 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $2,700,000 Upon completion of the project, the improvements will require only routine City street maintenance. Attachment: Contractor's Disclosure Statement File No. 0735-10-STM344 JRH:jrh H:~IOME~ENGINEER~AGENDA\STM344A I 13JRH.doc CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any acti°n upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign conuibutious for a City of Chula Vista election must be ill,cl. The following information must be disclosed: 1. List the names of all persous having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. NONE 2. If any person* identified pummg to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporation/parmership) entity. NONE 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or tmstor of the trust. NONE 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter? NONE 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No x 21 CITY OF CHULA VISTA DISCLOSURE STATEMENT If Yes, briefly describe the nature of the financial interest the official** may have in this contract? 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes _ If yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contxibutions totaling more thma $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes.__ No ×, If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (Tb~ includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No X If Yes, which official** and what was the nature of item provided? Date: September 27, 2000 ~~ff-~'~/~_._~__________~~ Signature of Contractor/Applicant Dana K. Ferrell, President West Coast General Corporation Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-parmership, joint venture, association, social club, fraternal orgalfizalioll, corporation, estate, trust, receiver, syndicate, any other cotmty, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, planning Commissioner, Member of a board, commiisiOll, or cornmitt{~ of the City, employee, or staff members. S:kldOM ~EIRGiN~ER~,ADMII~CONTRACTISTM344.12) 22 / /_ ~'-' RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "OLYMPIC PARKWAY STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWINE AVENUE IN THE CITY OF CHULA VISTA, CA. (STM- 344)" PROJECT WHEREAS, at 2:00 p.m. on November 1, 2000 'in Conference Room 3, the Director of Public Works received the following eight sealed bids for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the city of Chula Vista, Ca. (STM- 344)". CO~CTO~ B~DA~OUNT 1, West Coast General Corporation $1,974,280.26 2. Pullman Engineering, Inc. $1,984,853.70 3. Archer Western $2,096,796.50 4. Hazard Construction $2,213,210.70 5. Mesa Construction $2,393,605.80 6. Wier Construction $2,452,466.52 7. Scheidel Contracting $2,535,250.00 8. J.D. Paving, Inc. $2,942,415.96 WHEREAS, the low bid of $1,974,280.26 is below the Engineer's estimate of $2,465,419 by $491,138.80 or less than 20% and staff's bid estimate was based on average prices for similar type work completed during the last two years; and WHEREAS, Engineering staff checked the references provided by the contractor and all references were verified and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to West Coast General Corporation of Lakeside, California; and WHEREAS, the City Council adopted the Mitigated Negative Declaration (IS-00-42) for the project on October 24, 2000; and 1 WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project and no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award contract for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue in the City of Chula Vista" to West Coast General Corporation in the amount of $1,974,280.26. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt Jo-hn M. Kah~n~y/ Director of Public Works City Attorney IH/H OME'~ATTORNEY~RESO/Olympic Parkway Bid (November 3, 2000 (3:49PM)] COUNCIL AGENDA STATEMENT Item Meeting Date 11/14/00 ITEM TITLE: Resolution Order'mg the Summary Vacation of a 10 foot pedestrian access easement within a portion of Lot "A" of Map 13845, Assessors Parcel No. 643-350-10. Resolution Accepting a 10 foot pedestrian access easement within a portion of Lot "A" of Map 13845, Assessors Parcel No. 643- 350-10. SUBMITTED BY: Director of Public Works~ ~/- REVIEWED BY: City Manager ~n,~ -- (4/5ths Vote: Yes No X ) A request has been received to vacate and relocate a 10 foot pedestrian access easement within the property, owned by The Otay Ranch Company. In accordance with Chapter 4, Section 8335 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of resolutions ordering said summary vacation and relocation of such easements. RECOMMENDATION: That Council adopt the resolutions ordering the summary vacation and the acceptance of the 10 foot pedestrian access easements within Assessors Parcel No. 643-350-10. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: On August 30, 2000, The Otay Ranch Company, owner of property at Assessors Parcel No. 643-350-10, submitted an application to the City to vacate and relocate the 10 foot pedestrian access easement within this parcel (see attached exhibits). The 10 foot pedestrian access easement in Lot "A" was granted and accepted, by the City of Chula Vista on September 14, 1999 as shown on Map 13845. The easement will be relocated due to the need for pedestrian access along Telegraph Canyon Road. The original location of the easement conflicts with an entry monument and a wall that has been constructed by the developer. The pedestrian access easement will be relocated to avoid the monument and wall. Chapter 4, Section 8330(a) of the California Streets and Highways Code states that an easement may be summarily vacated if the easement has been superseded by relocation and them are no other public facilities located within that easement. Page 2, Item__ Meeting Date 11/14100 All utility companies as well as the Planning and Building Division have been notified of this vacation and relocation proposal and have no objection. Upon recordation of the resolution of vacation and acceptance of the 10 foot pedestrian access easement the full use of the vacated easement will revert back to the current owner since the easement was granted for pedestrian access purposes only and the vacated easement will no longer constitute a pedestrian access. FISCAL IMPACT: None. The costs related to the processing of this request for vacation are being paid for by a deposit of monies by the applicant under the City's Full Cost Recovery System. Attachments: Exhibit "A" - Legal description of easement to be vacated Exhibit "B" - Plat of easement to be vacated Exhibit "C" ~ Legal description of easement to be dedicated Exhibit "D" - Plat of easement to be dedicated H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A 113 PVO77-tme.doc ...... T IJ ~ I EXHIBIT "A" LEGAL DESCRIPTION PEDESTRIAN EASEMENT VACATION BEING A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 96-04 ACCORDING TO MAP THEREOF NO. 13845 RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON SEPTEMBER 14, 1999 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL OF THAT 10.00 FOOT WIDE PEDESTRIAN ACCESS EASEMENT AS GRANTED TO THE CITY OF CHULA VISTA AS SHOWN ON SAID MAP NO. 13845. Exp. 9-30-0! R.C.E. 21245 Expires 09/30/01 ~ ~ . OTAY LAKES ROAD-- / · ESTABLISHED PER ~ d ~ 5 D~NAGE ACCESS ~SEMENT go CUR~ DATA TABLE ~ ~DIUS LENC~ D~LTA [~ EXlS~ PEDES~IAN ACC~S ~SEMENT BASIS OF B~INGS ~ASEO LO~LLY ON FIRST ORDER STA~ONS 5072 AND 5073. (Le. N67*30'Sg"E ) PEDESTRIAN ACCESS ~SEMENT FOR OTAY RANCH VIL~GE 5, UNIT I LOT 'A' EXHIBIT "C" PEDESTRIAN ACCESS EASEMENT FOR OTAY RANCH VILLAGE 5, UNIT 1 LOT 'A' A PORTION OF LOT 'A' OF OTAY RANCH VILLAGE 5, UNIT 1, CHULA VISTA TRACT NO. 964)4, ACCORDING TO THE MAP THEREOF NO. 13845 AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON SEPTEMBER 14, 1999 ALL IN THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SAID PORTION BEING MORE PARTICULARLy DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT *A', SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF OTAY LAKES ROAD, ESTABLISHED PER DOCUMENT RECORDED FEBRUARY 5, 1990 AS FILE NO. 90-064524, CENTERLINE OF SAID OTAY LAKES ROAD BEARING NORTH 55036' 17" EAST; THENCE LF~VING THE SAID RIGHT-OF-WAY ALONG THE NORTHWESTERLY LINE OF SAID LOT 'A' SOUTH 34023'43" EAST 33.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE OF SAID LOT 'A' NORTH 59°23'47" EAST 9.39 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, I-lAVING A RADIUS OF 140.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 57.00 FEET THROUGH A CENTRAL ANGLE OF 23 ° 19'40"; THENCE NORTH 36°04'07" EAST 22.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 150.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 51.15 FEET THROUGH A CENTRAL ANGLE OF 19°32. 10": THENCE NORTH 55036. 17" EAST 60.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 40.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 21.74 FEET THROUGH A CENTRAL ANGLE OF 31 °07'59" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 3.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 65 °31 '47" EAST; THENCE NORTHEASTERLy ALONG SAID CURVE 4.65 FEET THROUGH A CENTRAL ANGLE OF 88051'56" TO A POINT OF NON-TANGENCY ON SAID SOUTHERLY RIGHT-OF-WAY OF OTAY LAKES ROAD, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 25036' 17" WEST; THENCE ALONG SAID RIGHT-OF-WAY OF OTAY LAKES ROAD NORTH 55036. 17" EAST 23.29 FEET, TO A POINT ON A NON-TANGENT /2, CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 52°35'3~3" WEST; THENCE LEAVING SAID RIGHT-OF-WAY SOUTHWESTERLY ALONG SAID CURVE 12.90 FEET THROUGH A CENTRAL ANGLE OF 24°37'59" TO THE BEGINNING OF A REVERSING CURVE, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH 77°13'32" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 37.38 FEET THROUGH A CENTRAL ANGLE OF 42"49'49"; THENCE SOUTH 55°36. 17" WEST 60.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 140.00 FEET; THENCE SOUTHWES'rERLY ALONG SAID CURVE 47.74 FEET THROUGH A CENTRAL ANGLE OF 19°32' 11"; THENCE SOUTH 36°04'07".WEST 22.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 61.07 FEET THROUGH A CENTRAL ANGLE OF 23°19'40"; THENCE SOUTH 59023'47" WEST 8.72 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF SAID LOT 'A'; THENCE ALONG SAID WESTERLY PROPERTY LINE OF SAID LOT 'A' NORTH 34°23'43" WEST 10.02 FEET, TO THE TRUE POINT OF BEGINNING. No. C21245 Exp. 9-30-01 R.C.E. 21245 Expires 09/30/01 ~ . OTAY LAKES ROAD ~ · ESTABUSHED PER ~r=Oz DOC. REC. 2-5-90 AS ~ ~LE NO. 90--064524 O.R. 5 0~ E / / ACC~S ~E~ENT ~ o ~P NO 13845~ TO BE VA~D ' ~o~ ~ CUR~ DATA T~LE [~ EXIST. PEDES~N 5072 AND 5073. (i.e. N6~50'59'E ) PEDESTRIAN ACCESS ~SEMENT FOR OTAY ~NCH ~L~GE 5, UNIT I LOT 'A' ~i ~Y ~. 2~o · RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMD2~Y VACATION OF A 10-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN ASSESSORS PARCEL NO. 643-350-10 WHEREAS, the Otay Ranch Company submitted an application to the City to vacate the 10 foot pedestrian access easement within Assessors Parcel No. 643-350-10; and WHEREAS, the easement is no longer needed for pedestrian access purposes that it was intended for because the Otay Ranch Company has relocated the pedestrian access in the area; and WHEREAS, the original easement has be~n superseded and there are no other public facilities within the easement; and WHEREAS, in accordance with Chapter 4, Section 8333 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby summarily vacate a 10-foot pedestrian access easement within Assessors Parcel No. 643-350-10, as shown on Exhibit "B", attached hereto and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this Resolution of Vacation in the office of the San Diego County Recorder. Presented by Approved as to form by John P. Lippitt J~.n M, K~he~ Director of Public Works City Attorney H: ~Home\At t orney\Reso~Vacat ion. Easement RESOLUTION NO. RESOLUTION 0F THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A 10-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN A PORTION OF LOT ~A" OF MAP 13845, ASSESSORS P~kRCEL NO. 643-350-10 WHEREAS, the Otay Ranch Company submitted an application to the City to offer a 10-foot public pedestrian access easement within Assessors Parcel No. 643-350-10; and WHEREAS, the easement is needed for pedestrian access purposes consistent with Tentative Map No. 96-04. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby accept a 10-foot pedestrian access easement within a portion of Lot ~A" of Map 13845, Assessors Parcel No. 643-350-10, as shown on Exhibit "D", attached hereto and incorporated herein as if set forth in full. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this Resolution of Acceptance in the office of the San Diego County Recorder. Presented by Approved as to form by Director of Public Works city Attorney H: \Home \At t orney\ Re so~Vacat ion, Easement 1 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 11/14/00 ITEM TITLE: Resolution of the City of Chula Vista approving a two-party agreement between the City of Chula Vista and Merkel and Associates, Inc. for biological mitigation monitoring services to be rendered for Telegraph Canyon Creek Improvements Off-site Mitigation, and authorizing the Mayor to execute said agreement REVIEWED BY: City Manager ~dO[z/ (4/5tbs Vote: Yes No X ) The Army Corps of Engineers issued a nationwide permit for the Telegraph Canyon Creek Improvements project. In accordance with this permit, a Mitigation Plan was prepared for the off- site mitigation requirement. The services of a qualified biological monitor are necessary for the implementation of this plan as well as other conditions of the permit. Adoption of this resolution will approve a five-year agreement with Merkel and Associates, Inc. for $39,513.00 to provide consulting services as the Environmental Monitor Specialist (biologist) to implement all of the conditions of the Telegraph Canyon Creek environmental permits. RECOMMENDATION: That the City adopt Resolution of the City o£ Chula Vista approving a two-party agreement between the City of Chula Vista and Merkel and Associates, Inc. for environmental consulting services for biological mitigation monitoring to be rendered for Telegraph Canyon Creek Improvements off-site mitigation. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The Telegraph Canyon Improvements project involved the channelization of Telegraph Canyon Creek between approximately one mile east of I-5 and one mile west o£ 1-805 between J and L Streets. The improvements have been completed and were necessary to protect private property and homes adjacent to the creek fi.om flooding and erosion. The channelization impacted jurisdictional Waters o£the U.S., and wetlands. The Mitigation Plan was prepared to address the mitigation requirements. In order to implement the requirements o£the permits issued by the U.S. Army Corps of Engineers and the California Department of Fish and Game, the City located an off-site mitigation area in the Otay River bottom. Portions of the site Page 2, Item No.: Meeting Date: 11/14/00 will be restored in accordance with the Mitigation Plan. The City Council has already approved the contract for the contractor who will be performing the revegetation work. This agreement is only for the biological monitor who will be ensuring the work is done in conformance with the Mitigation Plan. An additional one-acre of mitigation credit above and beyond the area to be revegetated will be needed to fulfill the City's permit requirements. City staff in the Environmental Planning Section will be performing the general mitigation monitoring tasks for the Telegraph Canyon Creek Off-site Mitigation Improvement project. However, mitigation monitoring for the project requires the services of a biologist specifically experienced with wetland restoration plans. This individual will function as the Environmental Monitor Specialist (biologist) for the City of Chula Vista. The Environmental Monitor Specialist will provide services as needed related to biological resources associated with the Telegraph Canyon Creek Improvement Mitigation Plan. Consultant Services Selection Process A request for proposal was distributed to all of the persons or firms included on the City's list of qualified Environmental Consultants. Seven proposals were received. The Selection Committee appointed by the City Manager invited four firms to interview. The Environmental Review Coordinator and the Selection Committee have determined that Merkel and Associates, Inc. has demonstrated unique qualifications to serve as the Consultant for this contract. This determination was based upon the firm's experience and expertise with wetland restoration plans, experience with the resource agencies, grasp of the project's complexities, mitigation monitoring experience within this region and satisfactory performance while working on other projects with the City of Chula Vista. The Consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. The Environmental Review Coordinator has negotiated the details of these agreements in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. Scope-of-Work Under the agreement with the City of Chula Vista, Merkel and Associates, Inc. will function as the Environmental Monitor Specialist (biologist) for the City. of Chula Vista. The primary responsibility of the Environmental Monitor Specialist (Biologist) will be to provide bioteclmical support to City staff pertaining to all issues associated with biological resources for the Telegraph Canyon Creek Improvements Off-site Mitigation, including but not limited to overseeing implementation of the biological conditions of the Telegraph Canyon Creek Improvements Mitigation Plan by the City of Chula Vista's revegetat'lon contractor during construction and pre- and post-construction monitoring. Major tasks will include but may not be limited to pre- and post- construction monitoring, revegetation implementation monitoring and coordination, assisting the City with locating one acre of additional mitigation credit, and /3-2 Page 3, Item No.: Meeting Date: 11/14/00 quantitative and qualitative biological monitoring over the five-year monitoring period. All tasks associated with this contract shall be coordinated with and have prior authorization by the Environmental Projects Manager who will be overseeing administration of the contract. Contract Payment: The total not-to-exceed amount for this contract is $39,513. FISCAL IMPACT: Merkel and Associates' consulting fees will be paid by the City of Chula Vista. Payment will be made from the Telegraph Canyon Channel Project construction fund (5420067999/2659118542-4000000). The costs for the construction of the mitigation site and for payment of the monitoring consultant were budgeted as part of the original channel construction project. The mitigation site construction project was awarded to Shiva Construction in September at an appropriate cost of $195,000. Attachment: Two-party Agreement RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA APPROVING A TWO- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MERKEL AND ASSOCIATES, INC. FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR TELEGRAPH CANYON CREEK IMPROVEMENTS OFF-SITE MITIGATION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the complexity of the Telegraph Canyon Creek mitigation project requires the expertise of an Environmental Monitor Specialist (Biologist) which necessitates the hiring of a Consultant; and WHEREAS, the Consultant, chosen through the formal bidding process, is uniquely qualified to serve as the Consultant for this contract based on the finn's experience and expertise with wetland restoration plans, experience with the resource agencies, grasp of the project's complexities, mitigation monitoring experience within this region, and satisfactory performance while working on other projects with the City of Chula Vista; and WHEREAS, a request for proposal was distributed to all of the persons or firms included on the City's list of qualified Environmental Consultants, and seven proposals were received by the City; and WHEREAS, the City Manager appointed a selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, reconm~ended the above noted Consultant to perform the required services for the City; and WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve a two-party agreement between the City of Chula Vista and Merkel and Associates, Inc. for consulting services related to implementation of the mitigation plan for the Telegraph Canyon Creek Improvements project, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Jo.J~i M. Kaheny Director of Planning and Building City Attorney H:\shared\attorney\Telegraph Canyon Resolution Parties and Recital Page(s) Agreement between City of Chula Vista and Merkel and Associates, Inc. For Environmental Mon/tor Specialist (Biologist) This agreement ("Agreement"), dated November 14, 2000, for the parposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is necessary and requires the hiring of a Consultant; and WHEREAS, the Consultant, chosen through the formal bidding process, is uniquely qualified to serve as the Consultant for this contract based on the firm's experience and expertise with wetland restoration plans, experience with the resource agencies, grasp of the project's complexities, mitigation monitoring experience within this region, and satisfactory performance while working on other projects with the City of Chula Vista; and WHEREAS, the Consultant has demonstrated the ability to perform while working as a Subconsultant to the Environmental Mitigation Monitor on other projects; and WHEREAS, a request for proposal was distributed to all of the persons or firms included on the City's list of qualified Environmental Consultants, and seven proposals were received by the City; and WHEREAS, the City Manager appointed a selection committee which has in accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted Consultant to perform the required services for the City; and WHEREAS, the Environmental Review Coordinator has negotiated tile details of this agreement in accordance with procedures set forth in Section 6.5~2 of the Environmental Review Procedures; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. I I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 1 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all 9fthe services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complote the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, fi'om time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. AIl compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the prOfession currently practicing under similar conditions and in similar locations. 1 I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 2 F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to he rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amonnt set forth in the attached Exhibit A, Paragraph 9. Commemial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a for~n and amount satisfactory to the Risk Manager or City 11/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 3 -7 Attorney which mount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security. In the event that Exhibit A, at. Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the ~onsultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for 11/7/00 Standard Form Two party Agreement (Thirteenth Revision) Page 4 all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set fo~h in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply ifa Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgnnent to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Servides within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the pmgress of the work. I/7/00 Standard Form Two Par~ Agreement (Thirteenth Revision) Page 5 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attomey. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory ofCor, sultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant fimher warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any 11/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 6 property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that C0nstiltant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, fi.om and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising fi'om the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 7 /3-// 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under tiffs Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other previsions of th/s agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this 1 I/7/00 Standard Form Two Par~ Agreement (Thirteenth Revision) Page 8 .... 1 ! Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits 'to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Cla'mas Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation ora report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or 11/7/00 Standard Form Two Par~y Agreement (Thirteenth Revision) Page 9 salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests pmvided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 11/7/00 Standard Form Two Paro] Agreement (Thirteenth Revision) Page 10 Signature Page to Agreement between City of Chula Vista and Merkel and Associates, Inc. for biological mitigation monitoring services to be rendered for Telegraph Canyon Creek Improvements Off-site Mitigation IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2000 City of Chula Vista by:_ Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: 'Jo~M. rabeny, Ci~y,]A~ttomey Dated: Merkel and Associates, Inc. Barbala L. Merkel, President Exhibit List to Agreement (X) Exhibit A. I I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page I I Exhibit A to Agreement between City of Chula Vista and Merkel and Associates, Inc. 1. Effective Date of Agreement: November 14, 2000 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Merkel and Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone hnd Fax Number of Consultant: 5434 Ruffin Road San Diego, CA 92123 Telephone (858) 560-5465; Fax Number (858) 560-7779 I I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 12 ? 7, General Duties: Merkel and AssOCiates, Inc. will function as the Environmental Monitor Specialist (Biologist) for the Telegraph Canyon Creek Improvements Off-site Mitigation for the City of Chula Vista. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The primary responsibility of the Environmental Monitor Specialist (Biologist) will be to provide biotechnical support to City staff pertaining to all issues associated.with biological resources for the Telegraph Canyon Creek Improvements Off-site Mitigation, including but not limited to overseeing implementation of the biological conditions of the Telegraph Canyon Creek Improvements Mitigation Plan by the City of Chula Vista's Revegetation Contractor during construction and pre- and post-construction monitoring. At the direction of City staff and pertaining to the Telegraph Canyon Creek Improvements Off-site Mitigation, tasks ~vill include but are not limited to.' 1. Pre- and Post-Construction Monitoring: Includes coordination with the Revegetation Contractor and City staff; attendance at pre-and post-construction conferences in the field; attendance at meetings with City staff and appropriate field personnel; preparation of correspondence as needed; and review of related CEQA and biology technical reports, including but not limited to: a. Negative Declaration for the Telegraph Canyon Channel Improvements dated August 20, 1996; b. Mitigation Plan for Telegraph Canyon Creek Improvements prepared by P&D Environmental Services dated August 24, 1998; c. Telegraph Creek Wetland Delineation prepared by Pacific Southwest Biological Services, Inc. dated May 18, 1994; d. Department of the Anmy, Corps of Engineers Nationwide Permit (pemfit # 962014500-TCD) dated May 21, 1999; e. California Department offish and Game Streambed Alteration Agreement (#5-489-98) dated June 7, 1999; fi Letter dated July 13, 2000 from P&D Environmental Services regarding presence/absence of least Bell's vireo at the proposed Telegraph Canyon Creek mitigation site; and g. All City-approved revegetation plans prepared by the Revegetation Contractor. 2. Revegetation Implementation Monitoring and Coordination: Includes attendance at a pre-planting conference; site visits and .monitoring of on-site, daily grading/construction activities for compliance with all project permit conditions, site- specific mitigation requirements, construction schedules, and environmental quality control requirements; on-going liaison mad coordination with the Revegetation Contractor and City staff; and administration and preparation of site-visit logs, status reports, compliance reports all in a form as approved by the Environmental Review Coordinator. Consultant shall advise contractors of and ensure compliance with all appropriate permit conditions and require correction and remedying of activities I I/7/00 Standard Form Two Party Agreement (Thirleenth Revision) Page 13 observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 3. Additional mitigation credit: Includes assisting the City with locating one acre of appropriate mitigation land for additional mitigation credit as required by the Resource Agencies. 4. Long-term Biological Monitoring: Includes quantitative and qualitative monitoring over the five-year monitoring to ensure performance criteria are met. Monitoring intervals shall conform to those established in the Mitigation Plan. Quantitative monitoring analysis shall be performed annually. All other monitoring visits will be qualitative. This task includes required monitoring reports in a form as approved by the Environmental Review Coordinator, liaison with resource agencies for project sign-off, and coordination with the City in regard to problems encountered and remediation measures required. All tasks associated with this contract shall be coordinated with and have prior authorization by the Environmental Projects Manager who will be overseeing administration of the contract. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: N/A Deliverable No. 1: Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: 5 years from effective date of agreement. 9. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 11/7/00 Standard Form Two Par~ Agreement (Thirteenth Revision) Page 14 10. Materials Required to be Supplied by City to Consultant: site plans, grading plans, project description, Corps of Engineers Nationwide Permit dated May 21, 1999, California Department of Fish and Game Streambed Alteration Agreement dated June 7, 1999, and Mitigation Plan for Telegraph Canyon Creek Improvements prepared by P&D Environmental Services dated August 24, 1998. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Pement of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest flee loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Pementage of completion ofaphase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. 11/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 15 Phase Fee for Said Phase 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be retumed to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back fi'om the compensation due for that phase. Percentage ofcompletk, n ora phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $39,513.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). I I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 16 (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Project Manager Kyle Ince $72.00 Senior Biologist Kyle Ince $72.00 Project Coordinator $60.00 Associate Biologist Holly Hanson $58.00 Biological Technician $45.00 Clerical $38.00 (X) Hourly rates may increase annually by 3% for services rendered after January 2002. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $__ ( ) Copies, not to exceed $ : ( ) Travel, not to exceed $ : ( ) Printing, not to exceed $ ( ) Postage, not to exceed $ ( ) Delivery, not to exceed $ ( ) Long Distance Telephone Charges, not to exceed $ : ( ) Other Actual Identifiable Direct Costs: , not to exceed $ : 13. Contract Administrators: 1 I/7/00 Standard Form Two Party Agreement (Thirteenth Revision) Page 17 City: Madlyn R.F. Ponseggi, Environmental Review Coordinator Consultant: Keith Merkel, President, Merkel and Associates, Inc. 14. Liquidated Damages Rate: N/A ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X ) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Category No. 1. Investments and sources of income. Category No. 2. Interests in real property. Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category No. 4. Investments in business entities and soumes of income which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No. 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None I I/7/00 Standard Form Two Pariy Agreement (Thirteenth Revision) Page 18 /5 -22 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed 19. Security for Performance ( ) Performance Bond, $. ( ) Letter of Credit, $ ( ) Other Security: Type:_ Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: 11/7/00 Standard Fom~ Two Party Agreement (Thirteenth Revision) Page 19 I1 ~ I COUNCIL AGENDA STATEMENT Item No.: /~ Meeting Date: 11/14/00 ITEM TITLE: Resolution of the City of Chula Vista waiving the City's formal bidding process as impractical and approving a three-party agreement between the 'City of Chula Vista; Merkel & Associates, Consultant; and Pacific Bay Properties, Applicant, for consulting services for biological mitigation monitoring to be rendered for Rolling Hills Ranch (AKA, Salt Creek Ranch), and authorizing the Mayor to execute said agreement. Resolution of the City of Chula Vista waiving the City's formal bidding process as impractical and approving a three-party agreement between the City of Chula Vista; Merkel & Associates, Consultant; and McMillin Otay Ranch LLC, Applicant, for consulting services for biological mitigation monitoring to be rendered for Otay Ranch, Sectional Planning Area One Plan (SPA One) and authorizing the Mayor to execute said agreement. Resolution of the City of Chula Vista waiving the City's formal bidding process as impractical and approving a three-party agreement between the City of Chula Vista; Merkel & Associates, Consultant; and Otay Project L.P., Applicant, for consulting services for biological mitigation monitoring to be rendered for Otay Ranch, Sectional Planning Area One Plan (SPA One) and authorizing the MaYor to execute said agreement. _.4 SUBMITTED BY: Director of Planning and Building ~;~ (4/5tbs Vote: Yes No X REVIEWED BY: City Manager ,n~ - ) In compliance with State law, Mitigation Monitoring and Reporting Programs were adopted by the City Council for the Rolling Hills Ranch (AKA, Salt Creek Ranch) Sectional Planning Area Plan and the Otay Ranch, Sectional Planning Area One Plan (SPA One). SPA One includes Villages 1, 5, and 1 West. State Law requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This report requests that the City Council approve the proposed contracts with Merkel & Associates for an amount not to exceed a total of $ 44,372 annually to provide consulting services as the Envkonmental Monitor Specialist (biologis0 for Roiling Hills Ranch (AKA, Salt Creek Ranch) and Otay Ranch, SPA One and to waive the formal bidding process. Page 2, Item No.: Ir Meeting Date: 11/14/00 RECOMMENDATION: That the City Council adopt resolution approving a three-party agreement between the City of Chula Vista; Merkel & Associates; and Pacific Bay Properties, for environmental consulting services for biological mitigation ~monitoring to be rendered for Rolling Hills Ranch (AKA, Salt Creek Ranch). That the City Council adopt resolution approving a three-party agreement between the City of Chula Vista; Merkel & Associates; and Otay Project L.P., Applicant for consulting services for biological mitigation monitoring to be rendered for Otay Ranch, Sectional Planning Area One Plan (SPA One). That the City Council adopt resolution approving a three-party agreement between the City of Chula Vista; Merkel & Associates; and McMillin Otay Ranch LLC, Applicant for consulting services for biological mitigation monitoring to be rendered for 0tay Ranch, Sectional Planning Area One Plan (SPA One). BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The City of Chula Vista previously contracted services for mitigation monitoring of Rolling Hills Ranch and Otay Ranch SPA One (including Villages 1, 5, and I Wes0. Mitigation monitoring requires the services of a biologist to function as the Environmental Monitor Specialist (biologist). Merkel & Associates was previously under contract as the Environmental Monitor Specialist (biologis0 to the prime mitigation monitoring consultant. City staff in the Environmental Planning Section will now be performing all general mitigation monitoring tasks for Rolling Hills Ranch and Otay Ranch SPA One. However, mitigation monitoring for Rolling Hills Ranch and Otay Ranch continue to require the services of a biologist to function as the Environmental Monitor Specialist. In the past, Merkel & Associates performed satisfactorily as the subconsultant to the prime mitigation monitoring consultant. Merkel & Associates is now needed to continue functioning as the Environmental Monitor Specialist (biologis0 for the City. Merkel & Associates will continue to provide services as needed related to biological resources associated with Rolling Hills Ranch and Otay Ranch SPA One), including overseeing the implementation of the biological conditions of the Mitigation Monitoring Reporting Program. Page 3, Item No.: I~ Meeting Date: 11/14/00 Consultant Services Selection Process The Environmental Review Coordinator and the project applicants have determined that Merkel & Associates has demonstrated a unique and comprehensive familiarity with the project area, which is necessary for timely and adequate biological mitigation monitoring. Pursuant to Chula Vista Municipal Code Section 2.56.110, staff finds that competitive bidding is impractical, and recommends waiving the normal consultant selection process for the following reasons: 1. Merkel & Associates was previously under contract as the Environmental Monitor Specialist subconsultant, to perform biological mitigation monitoring for Rolling Hills Ranch and Otay Ranch, SPA One; 2. The previous mitigation monitoring contract was awarded through the City's informal bidding process in accordance with the procedures in place at the time. 3. As specified under the previous contract, Merkel & Associates has begun the biological mitigation monitoring by conducting field research, attending pre-construction meetings, reviewing project plans, and keeping monitoring logs. Merkel & Associates as the Environmental Monitoring Specialist (biologis0 will provide continuity, result in a more timely and efficient processing of plans, and result in the successful implementation of the Mitigation Monitoring Reporting Program. 4. Merkel & Associates has demonstrated an understanding of all permit conditions and site specific project requirements. 5. Cost estimates by Merkel & Associates have been reviewed and are found to be reasonable by staff and the applicant. The consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City. Department of Planning and Building staff has negotiated the details of these agreements in accordance with procedures set forth in Section 2.56.110 of the Chula Vista Municipal Code. Scope-of-Work Under agreement with the City of Chula Vista and the project applicants, Merkel & Associates will function as the Environmental Monitor Specialist (biologis0 for the City of Chula Vista. The responsibilities of the Environmental Monitor Specialist (biologis0 will include will provide services as needed, but not limited to the following: 1. Administration and preparation of daily logs, status reports, compliance reports and preparation of the final grading/construction monitoring report regarding biological impacts Page 4, Item No.: /7 Meeting Date: 11/14/00 and mitigation as idemified in each of the respective mitigation monitoring programs for Rolling Hills Ranch and Otay Ranch Sectional Planning Area One Plan 2. Review tentative map, final map, grading plans and improvement plans during the City plan check process. 3. Monitoring of on-site, daily grading/construction activities including the understanding of all permit conditions, site specific project requirements, construction schedules, and the environmental quality control efforts. 4. Ensure contractor knowledge of and compliance with all appropriate permit conditions. 5. Review all construction impact mitigation and if, need be propose additional mitigation measures. 6. Have the authority to require correction of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 7. Review and comment on revegetation plans. 8. Preparation of revegetation plans and assistance with permit processing through the Fish and Wildlife Service and the California Department of Fish and Game. 9. Perform on-site mitigation monitoring during grading and construction including any revegetation activities. Contract Payment: The total not-to-exceed amount for the Pacific Bay Properties Contract is $ 7,300 annually, $3,184 annually for the McMillin Otay Ranch LLC Contract, and $33,888 annually for Otay Project L.P. Contract. The project applicants agree to maintain a minimum balance of $10,000 in their subject account, which shall be replenished upon the request of the City. The City will also receive a standard administrative fee amounting to 10% of the contract. The project applicants will also reimburse any City staff time associated with implementation of the Mitigation Monitoring Reporting Program through a separate deposit account that has already been established. Page 4, Item NO.: / ¥ Meeting Date: 11/14/00 and mitigation as identified in each of the respective mitigation monitoring programs for Rolling Hills Ranch and Otay Ranch Sectional Planning Area One Plan 2. Review tentative map, f'mal map, grading plans and improvement plans during the City plan check process. 3. Monitoring of on-site, daily grading/construction activities including the understanding of all permit conditions, site specific project requirements, construction schedules, and the environmental quality control efforts. 4. Ensure contractor knowledge of and compliance with all appropriate permit conditions. 5. Review all construction impact mitigation and if, need be propose additional mitigation measures. 6. Have the authority to require correction of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 7. Review and comment on revegetation plans. 8. Preparation of revegetation plans and assistance with permit processing through the Fish and Wildlife Service and the California Department of Fish and Game. 9. Perform on-site mitigation monitoring during grading and construction including .any mvegetation activities. Contract Payment: The total not-to-exceed amount for the Pacific Bay Properties Contract is $ 7,300 annually, $3,184 annually for the McMillin Otay Ranch LLC Contract, and $33,888 annually for. Otay Project L.P. Contract. The project applicants agree to maintain a minimum balance of $10,000 in their subject account, which shall be replenished upon the request of the City. The City will also receive a standard administrative fee amounting to 10% of the contract. The project applicants will also reimburse any City staff time associated with implementation of the Mitigation Monitoring Reporting Program through a separate deposit account that has already been established. FISCAL IMPACT: There would be no resulting impact to the General Fund. Merkel & Associates consulting fees will be paid by the project applicants, Pacific Bay Properties, McMillin Otay Ranch LLC, and Otay Project L.P., through deposit accounts. H:/home/planning/edalia/contmcts/Merkel A113.doc RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND PACIFIC BAY PROPERTIES, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR ROLLING HILLS RANCH (AKA, SALT CREEK RANCH), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is necessary and requires the hiring of a consultant; and WHEREAS, the Applicant has deposited an initial sum for the implementation of the Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03); and WHEREAS, the Consultant chosen for these services was previously the subconsultant on the Environmental Mitigation Monitor contract; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant, was formally chosen through the informal bidding process as the subconsultant to the Environmental Mitigation Monitor Prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant demonstrated the ability to perform while working as a subconsultant to the Enviromnental Mitigation Monitor prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because as a subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is uniquely qualified to serve as the Consultant for this contract based on their past experience with the project. Iqt -I NOW, THEREFORE, BE IT RESOLVED that for the above listed reasons, the City Council of the City of Chula Vista does hereby find that it is necessary and appropriate to waive the formal bidding process as impractical. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; Merkel & Associates ("Consultant") and Pacific Bay Properties ("Applicant") for consulting services related to biological mitigation monitoring for Rolling Hills Ranch (AKA, Salt Creek Ranch), a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute said Agreement. Presented by Approved as to form by Robert A. Leiter ~l-o~lVl. Kal~eny~) - ' Director of Planning and Building City Attorney Three Party Agreement Between City of Chula Vista, Merkel & Associates, Inc., Consultant, and Pacific Bay Properties, Applicant For Consulting Work to be Rendered With Regard to Applicant's Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant" Merkel & Associates, Inc. whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" Pacific Bay Properties whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Properly. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of(he general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staffor resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. Three Party Agreement Page 1 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services",.("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 Three Party Agreement Page 2 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon re6eipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation tmless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Securi _ty for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amotmt indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: Three Party Agreement Page 3 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain fi.om said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefi.om. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3. I. ! .5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Three Party Agreement Page 4 il ] I 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the mount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the mount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away bom premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise car~ ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and fiather indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commemial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. P[tblic Statements. Ail public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4, Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. Three Party Agreement Page 5 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant hamaless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising fi.om any such entry and access. 5.3. Co_mmunication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Desi_enated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as detemfined by the City Attorney. ~u-ee Party Agreement Page 6 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant'~ economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement· 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant iS designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles t~om the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Three Party Agreement Page 7 Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant fi.om liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of temfination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. Three Party Agreement Page 8 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all. field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Consultant to Indemnify. City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2. Applicant to lndemni~ City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indenmitees"), in any way Three Party Agreement Page 9 resulting fzom or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 2. Business Licenses Apphcant agrees to obtain a bus'mess license fi'om the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Apphcant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. C_ Onsultant not authorized to Represent City. Unless specifically authotized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to tlfis Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the tight in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreeme.n_t. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Three Party Agreement Page 10 13.5. Capaci _ty of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction fxom its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. Three Party Agreement Page 11 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance ora payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might othenvise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the pa~ies specifically intend no benefit therefi'om, and agree that no per£ormancc hereunder may be enforced by any person not a pa~ to this agreement. Notwithstanding the foregoing, this is a three parly agreement and the Cil~' is an express thh'd pagy beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page,) Three Party Agreement Page 12 Signature Page NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: Jo~/~-. Kaheny, (~ Aitomey Consultant: Merkel & Associates, Inc. Dated: By:_ Keith Merkel, President Applicant: Pacific Bay Properties Dated: By Karin ~ogius, Vic[e P~rr~ Three Party Agreement Page 13 NOW TH]EREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: John M. Kaheny, City Attorney Consultant: Merkel & Associates, Inc. Dated: ~(~~~ 4¢~6t-h Merkel, President Applicant: Pacific Bay Properties Dated: By: Karin Crogius, Vice President Three Party Agreement Page 13 Exhibit A Reference Date of Agreement: November 15, 2000 Effective Date of Agreement: Date of City Council Approval of Agreement City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Merkel & Associates, Inc. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 5434 Ruffin Road, San Diego, CA 92123 Applicant: Pacific Bay Properties Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 2300 Boswell Road, Suite 209, Chula Vista, CA 91914 1. Property (Commonly known address or General Description): 1,197 acre Rolling Hills Ranch (AKA, Salt Creek Ranch), generally located in the northern portion of eastem Chula Vista, in the southern foothills of San Miguel Ranch, north of Technology Park, and northwest of Upper Otay Lake. 2. Project Description ("Project"): 2,817-unit residential subdivision including, schools, a fire station, parks, natural open space, and community purpose facilities. 3. Entitlements applied for: N/A Three Party Agreement Page 14 4. General Nature of Consulting Services ("Services-General"): Environmental Monitor Specialist (Biologist) primarily for Rolling Hills Ranch (AKA, Salt Creek Ranch) Mitigation Monitoring Program (MMP-96-06) and other expert consulting services related to biological resources and the Otay Ranch SPA One Plan project. 5. Detailed Scope of Work ("Detailed Services"): The Consultant will function as the Environmental Monitor Specialist for the City of Chula Vista for the Rolling Hills Ranch (AKA Salt Creek Ranch) project. The Consultant will provide biotechnical support to City staffto oversee all issues related to biological resources associated with Rolling Hills Ranch, including but not limited to overseeing the implementation of the biological conditions of the Mitigation Monitoring Reporting Program (MMP-96-06). Specific responsibilities of the Environmental Monitor Specialist (Biologist) with reference to the Rolling Hills Ranch project will include, but may not be limited to: 1. Administration and preparation of daily logs, status reports, compliance reports and the final construction monitoring report regarding biological impacts and mitigation as identified in the Salt Creek Ranch Final Supplemental Environmental Impact Report (EIR-gl-03). 2. Review tentative map, final map, grading plans and improvement plans during the City plan check process. 3. Monitoring of on~site, daily grading/construction 'activities including the understanding of all permit conditions, site specific project requirements, construction schedules, and the environmental quality control efforts. 4. Ensure contractor knowledge of and compliance with all appropriate permit conditions. 5. Review all construction impact mitigation and if, need be propose additional mitigation measures. 6. Have the authority to require correction of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 7. Review and comment on revegetation plans. 8. Preparation ofrevegetation plans and assistance with permit processing through the Fish and Wildlife Service and the California Department of Fisli and Game. 9. Perform on-site mitigation monitoring during grading and construction including any revegetation activities. Three Patty Agreement Page 15 6. Schedule, Milestone, Time-Limitations within wb_ich to Perform S~rvices. Date for Commencement of Consultant Services: (X) November 15, 2000 Dates or Time Limits for Delivery of Deliverables: N/A Dates for completion of all Consultant services: The term of this agreement shall be for five years fi-om the effective date of this contract. This contract may be extended at the sole discretion of the City for five years in one year increments. 7. Documents to be provided by Applicant to Consultant: ( ) site plans (X) grading plans ( ) architectural elevations (X) project description. (X) other: Improvement plans, re-vegetation plans, irrigation plans 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Karin Crogius, Pacific Bay Properties Consultant: Kieth Merkel, Merkel & Associates, Inc. 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Three Party Agreement Page 16 tqlq-- lq ( Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. 10. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). Three Party Agreement Page 17 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the implementation of the Mitigation Monitoring Program (MMP 96-01) for the Salt Creek Ranch Sectional Planning Area (SPA) Plan Final Supplemental Environmental Impact Report (EIR-91-03). WHEREAS, the Consultant chosen for these services was previously a subconsultant to the Environmental Mitigation Monitoring prime contractor. WHERAS, said previous prime contractor was selected through an informal bidding process in accordance with the procedures in place at the time. WHEREAS, the City's formal bidding process is waived as impractical because the Consultant, was formally chosen through the informal bidding process as the subconsultant to the Environmental Mitigation Monitor Prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because as a subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is uniquely qualified to serve as the Consultant for this contract based on their past experience with the project. WHEREAS, City staff is now performing mitigation monitoring tasks and requires the services of a Environmental Monitor Specialist (biologist). WHEREAS, the Consultant has demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor. Three Party Agreement Page 18 Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ Milestone or Event Amount or Pement of Fixed Fee 1. Signing of this agreement by all parties and upon the request of the contractor. 2. 3. 4. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee ass~oc.i, ated with eaqh phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Three Party Agreement Page 19 Fee for Phase Said Phase 1. $ 3. $ 4. $ (X) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $7.300.00 annually including all Materials, and other "reimburseables" ("Maximum Compensation") as shown on page 21. The City will also receive a standard administrative fee paid for by the Applicant amounting to 10% of the contract. ( ) Limitation without Further Authorization on Time and Materials Arrangement Three Party Agreement Page 20 Rate Schedule Hourly Category. of Employee Name Rate Principal Consultant Keith Merkel $120.00 Project Coordinator $60.00 Senior Biologists Kyle Ince $72.00 Associates Biologist $58.00 Biological Technicians $45.00 Marine Technicians $52.00 Production Graphics/Tech Support $42.00 Clerical Support $35.00 Expert Witness $165.00 Restoration Work/Revegetation Technicians $80.00 Field Labor Support $80.00 (X) Hourly rates may increase by 3% for services rendered atter December, 2001, if delay in providing services is in the opinion of the City's Director of Planning and Building, caused by the City. Materials Separately Paid For by Applicant Cost or Rate (X) Materials Actual Reports Copies (X) Travel Actual (X) Printing Actual (X) Postage Actual (X) Delivery Actual (X) Long Distance Telephone Charges Actual (X) Other Actual Identifiable Direct Costs Actual nl3ree Party Agreement Page 21 Deposit (X) Deposit Amount: $15,000 (X) Use of Deposit to Pay Consultant. Notwithstand'mg the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any cla'nn against City, City shall pay Consultant's billing fxom the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. Applicant agrees to maintain a minimtun balance of $10,000 in subject account which shall be immediately replenished upon the request of the City. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other:__ C. City's Account Number: Three Party Agreement Page 22 Ill ~ · RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND MCMILLIN OTAY RANCH LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN (INCLUDING VILLAGES 1, and 5), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is necessary and requires the hiring of a consultant; and WHEREAS, the Applicant has deposited an initial sum for the implementation of the Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03); and WHEREAS, the Consultant chosen for these services was previously a subconsultant on the Environmental Mitigation Monitoring contract; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant, was formally chosen through the informal bidding process as the subconsultant to the Environmental Mitigation Monitor Prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant demonstrated the ability to perform while working as a subconsultant to the Enviro~m~eutal Mitigation Mo~fitor prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because as a subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is uniquely qualified to serve as the Consultant for this contract based on their past experience with the project; and WHEREAS, the consultant has demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor. NOW, THEREFORE, BE IT RESOLVED that for the above listed reasons, the City (~ounei't of the City of Chula Vista does hereby find that it is necessary and appropriate to waive the formal bidding process as impractical. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; Merkel & Associates ("Consultant'-') and McMillin D.A. America Otay Ranch LLC ("Applicant") for consulting services related to biological mitigation monitoring for Otay Ranch Sectional Planning Area One Plan (including Villages La copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute said Agreement. Presented by Approved as to form by Robert A. Leiter "Jotm/M. Kaheny Director of Planning and Building City Attorney Three Party Agreement Between City of Chula Vista, Merkel & Associates, Inc., Consultant, and McMillin Otay Ranch LLC, Applicant For Consulting Work to be Rendered With Regard to Applicant's Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant" Merkel & Associates, Inc., whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" McMillin Otay Ranch LLC, whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staffor resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of refaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. Three Pa~y Agreement Page 1 2.6. Additional facts and circumstances regard'rog the background for this agreement are set forth on Exhibit B; 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN ~ CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Cons~ltant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, 'and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time fdr the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exemised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 Three Party Agreement Page 2 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said mount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same fi'om Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be P-equired. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted· 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: Three Party Agreement Page 3 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain fi.om said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be.used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separatelY account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1. 1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount i_n such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pay said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: Three Party Agreement Page 4 II ~ I 4.1.1. Statutory Workers Compensation Insurance and Employer's Liability Insurance coverage in the mount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Bnsiness Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same mmmer as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. CertificatesofInsurance. Consultant shall demonstrate proofofcoverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. Three Party Agreement Page 5 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indenmify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is author/zed by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. Three Party Agreement Page 6 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine E~onomic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless o£whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles f~om the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Three Party Agreement Page 7 Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this jkgreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant fi.om liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that Three Party Agreement Page 8 the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no fight to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11. l. Consultant to Indemnify City and Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or sub.sequent declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City lndemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. Three Party Agreement Page 9 12. Business Licenses Applicant agrees to obtain a business license from the City and to othenvise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not autt{orized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Three Party Agreement Page 10 13.6. Governing Law/Venue. This Agreement shall be govemed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenfomeable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.ll. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. Three Pan'y Agreement Page 11 13.12. Remedies. The fights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might othemfise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the reqtiired performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) Three Pat~ Agreement Page 12 Signature Page NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: jo/ Dated: Consultant: Merkel & Associates, Inc. B~b'ara Merkel, President Dated: Applicam: McMillin Otay Ranch LLC, a Delaware Limited Liability Company By: McMillin Companies, LLC Its: M~ging Member B y Cr~ent Three Party Agreement Page 13 Exhibit A Reference Date of Agrecment: November 15, 2000 Effective Date of Agreement: Date of City Council Approval of Agreement City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Merkel & Associates; Inc. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 3944 Murphy Canyon Road, Suite C 106, San Diego, CA 92123 Applicant: McMillin Otay Ranch LLC Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 2727 Hoover Avenue, National City, CA 91950 1. Property (Commonly known address or General Description): The project includes the central 288 acres, which is about 2,640 ft in width, near the extension of La Media, in the Otay Ranch, Sectional Planning Area One Plan (including Villages 1 & 5), located south of Telegraph Canyon Road/Otay lakes Road, extending south to Olympic Parkway, between the extension of Paseo Ranchero and Future SR-125. 2. Project Description ("Project"): 1,475-unit residential subdivision including schools, parks, open space, commemial, and community purpose facilities. Three Party Agreement Page 14 T 3. Entitlements applied for: N/A 4. General Nature of Consulting ServiCes CServices--General"): Environmental Monitor Specialist (Biologist) primarily for Otay Ranch SPA One Plan Mitigation Monitoring Program (MMP-97-01) and other expert consulting services related to biological resources and the Otay Ranch SPA One Plan project. 5. Detailed Scope of Work ("Detailed Services"): The Consultant will function as the Environmental Monitor Specialist for the City of Chnia Vista for the Otay Ranch SPA One Plan project. The Consultant will provide biotechnical support to City staffto oversee all issues related to biological resources associated with Otay Ranch SPA One Plan, including but not limited to overseeing the implementation of the biological conditions of the Mitigation Monitoring Reporting Program (MMP-97-01). Specific responsibilities of the Environmental Monitor Specialist (Biologist) with reference to the Otay Ranch SPA One Plan project will include, but may not be limited to: 1. Administration and preparation of daily logs, status reports, compliance reports and the final construction monitoring report regarding biological impacts and mitigation as identified in the Mitigation Monitoring Program (MMP-97-01) for the Otay Ranch Sectional Planning Area One Plan and Annexation Second -Tier Environmental Impact Report (E1R-95~01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03). 2. Review tentative map, final map, grading plans and improvement plans during the City plan check process. 3. Monitoring of on-site, daily grading/construction activities including the understanding of all permit conditions, site specific project requirements, construction schedules, and the environmental quality control efforts. 4. Ensure contractor knowledge of and compliance with all appropriate permit conditions. 5. Review all construction impact mitigation and if, need be propose additional mitigation 6. Have the authority to require correction of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 7. Review and comment on revegetation plans. 8. Preparation ofrevegetation plans and assistance with permit processing through the Fish and Wildlife Service and the California Department ofFish and Game. ~Paree Party Agreement Page 15 9. Perform on-site mitigation monitoring during grading and construction including any revegetation activities. 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: (X) November 15, 2000 Dates or Time Limits fo'~ Delivery of Deliverables: N/A Dates for completion of all Consultant services: The term of this agreement shall be for five years f~om the effective date of this contract. This contract may be extended at the sole discretion of the City for five years in one year increments. 7. Documents to be provided by Applicant to Consultant: ( ) site plans (X) grading plans ( ) architectural elevations (X) project description. (X) other: Improvement plans, m-vegetation plans, irrigation plans 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Craig Fukuyama, McMillin Otay Ranch LLC Consultant: Kieth Merkel, Merkel & Associates, Inc. 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and soumes of income. ( ) Category No. 2. interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Three Party Agreement Page 16 Category No. 4. InveStments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted · with the City of Chuia Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( Category No. 7. Business positions. 10. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). Three Pan'y Agreement Page 17 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the implementation of the Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03). WHEREAS, the consultant chosen for these services was previously a subconsultant to the Environmental Mitigation Monitoring prime contractor. WHERAS, said previous phme contractor was selected through an informal bidding process in accordance with the procedures in place at the time. WHEREAS, the City's formal bidding process is waived as impractical because the Consultant, was formally chosen through the informal bidding process as the subconsultant to the Environmental Mitigation Monitor Prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because as a subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is uniquely qualified to serve as the Consultant for this contract based on their past experience with the project. WHEREAS, City staff is now performing mitigation monitoring tasks and requires the services of a Envirmunental Monitor Specialist (biologist). WHEREAS, the consultant has demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor prime contractor. Three Party Agreement Page 18 ,-~ ~ - iI~ I Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ Milestone or Event Amount or Percent of Fixed Fee 1. Signing of this agreement by all parties and upon the request of the contractor. 2. 3. 4. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Thr6e Party Agreement Page 19 Fee for Phase Said Phase 1. ~ $ 3. $ 4. $ (X) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $3,184.00 annually including all Materials, and other "reimburseables" ("Maximum Compensation") as shown on page 21. The City will also receive a standard administrative fee paid for by the applicant mounting to 10% of the contract. ( ) Limitation without Further Authorization on Time and Materials Arrangement Three Party Agreement Page 20 Rate Schedule Hourly Category. of Employee Name Rate Principal Consultant Keith Merkel $120.00 Project Coordinator $60.00 Senior Biologists Kyle Ince $72.00 Associates Biologist $58.00 Biological Technicians $45.00 Marine Technicians $52.00 Production Graphics/Tech Support $42.00 Clerical Support $35.00 Expert Witness $165.00 Restoration Work/Revegetation Technicians $80.00 Field Labor Support $80.00 (X) Hourly rates may increase by 3% for services rendered after December, 2001, if delay in providing services is in the opinion of the City's Director of Planning and Building, caused by the City. Materials Separately Paid For by Applicant Cost or Rate_ (X) Materials Actual Reports Copies (X) Travel Actual (X) Printing Actual (X) Postage Actual (X) Delivery Actual (X) Long Distance Telephone Charges Actual (X) Other Actual Identifiable Direct Costs Actual Three Party Agreement Page 21 Deposit (X) Deposit Amotmt: $15,000 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole ~lupd and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay ConsuRant's billing f~om the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. Applicant agrees to maintain a minimum balance of $ I 0,000 in subject account which shall be immediately replenished upon the request of the City. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. . City's Account Number: Three Party Agreement Page 22 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN TIlE CITY OF CIlULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND OTAY PROJECT L.P., APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN (INCLUDING VILLAGES I, 5 AND 1 WEST), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is necessary and requires the hiring of a consultant; and WHEREAS, the Applicant has deposited an initial sum for the implementation of the Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Plmming Area One Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03); and WHEREAS, the Consultant chosen for these services was previously a subconsultant on the Environmental Mitigation Monitor contract; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant, was formally chosen through the informal bidding process as the subconsultant to the Environmental Mitigation Monitor Prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because as a subconsultant to the Enviromnental Mitigation Monitor prime contractor the Consultant is uniquely qualified to serve as the Consultant for this contract based on their past experience with the project; and WHEREAS, the consultant demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor prime contractor. NOW, THEREFORE, BE IT RESOLVED that for the above listed reasons, the City Council of the City of Chula Vista does hereby find that it is necessary and appropriate to waive the formal bidding process as impractical. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a three-party agreement between the City of Chula Vista; Merltel & Associates ("Consultant") and Otay Project L.P. ("Applicant") for consulting services related to biological mitigation monitoring for Otay Ranch Section Planning Area One Plan (including Villages 1, 5 and 1 West), a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute said Agreement. Presented by Approved as to form by Robert A. Leiter Jo~M. Kahe-ny ~ "- Director of Planning and Building City Attorney H :\shared\attorney\merkel resolutions Three Party Agreement Between City of Chula Vista, Merkel & Associates, Inc., Consultant, and Otay Project L.P., Applicant For Consulting Work to be Rendered With Regard to Applicant's Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant" Merkel & Associates, Inc., whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" Otay Project L.P., whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other pertnits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staffer resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of' retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. Three Party Agreement Page I 2.6. Additional facts and circumstances regarding the backgrotmd for this agreement are set forth on Exhibit B; 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of C~n~ultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation o f Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 Three Party Agreement Page 2 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upOn.reCeipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: Three Party Agreement Page 3 3.3.1.1 Other Terms of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain fi.om said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest eamed, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days after o£the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. Three Party Agreement Page 4 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staffand subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away fi.om premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrateproofofcoverage heroin required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. Three Party Agreement Page 5 4.4. Communication to Applicant. Consultant shall not commtmicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5. l. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. Three Party Agreement Page 6 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interest._s. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. D~se of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. Three Party Agreement Page 7 7.6. ~Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because ora default of the Consultant shall not relieve the Consultant from liability of such default. 9. _City's Right to Terminate Payment for Convenience, Documents. 9,1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. Three Party Agreement Page 8 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in porformance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as ~fset fully set forth herein. 1 I. Hold Harmless and Indemnification 11.l. Consultant to Indemnify City and~ Applicant re Injuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant fi:om and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising fi:om the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. Three Party Agreement Page 9 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City lndemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or den~and in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, Three Party Agreement Page 10 II[I modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, Waiver or discharge is sought. 13.5. _Capacity of Parties. Each signatoEv and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereofi Three Party Agreement Page 11 13.1 l. Waiver. ' No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights heroin contained. The making or the acceptance of a payment by either party with knowledge of the existence of a broach shall not operate or be construed to operate as a waiver of any such breach. 13.12, Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may ha'~e an affect upon persons not parties hereto, the parties specifically intend no benefit therefi'om, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an expross third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) Three Parly Agreement Page 12 Signature Page NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By:~ Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: Dated: Consultant: Merkel & Associates, Inc. Dated: Applicant: Otay Project L.P., a California limited partnership Otay Ranch Development, LLC, a Delaware limited liability company ' ~resment Three Party Agreement Page 13 Exhibit A Reference Date of Agreement: November 15, 2000 Effective Date of Agreement: Date of City Council Approval of Agreement City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Merkel & Associates; Inc. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation Address: 3944 Murphy Canyon Road, Suite C106, San Diego, CA 92123 Applicant: Otay Project L.P. Business Form of Applicant: ( ) Sole Proprietorship (X) Partnership ( ) Corporation Address: 350 West Ash Street, Suite 730, San Diego, CA 92101 1. Property (Commonly known address or General Description): Otay Ranch, Sectional Planning Area One Plan (SPA One), located south of Telegraph Canyon Road/Otay Lakes Road, extending to East Orange Avenue, between the extension of Pasco Ranchero and future SR-125, excluding the central 288 acres, which is about 2,640 fl in width, near the extension of La Media. 2. Project Description ("Project"): 4,626-unit residential subdivision including commemial, school and community purpose facilities. 3. Entitlements applied for: N/A 71tree Party Agreement Page 14 4. General Nature of Consulting Services ("Services--General"): Environmental Monitor Specialist (Biologis0 primarily for Otay Ranch SPA One Plan Mitigation Monitoring Program (MMP-97-01) and other expert consulting services related to biological resources and the Otay Ranch SPA One Plan project. 5. Detailed Scope of Work ("Detailed Services"): The Consultant will function as the Environmental Monitor Specialist for the City of Chula Vista for the Otay Ranch SPA One Plan project. The Consultant will provide biotechnical support to City staff to oversee all issues related to biological resources associated with Otay Ranch SPA One Plan, including but not limited to overseeing the implementation of the biological conditions of the Mitigation Monitoring Reporting Program (MMP-97-01). Specific responsibilities of the Environmental Monitor Specialist (Biologist) with reference to the Otay Ranch SPA One Plan project will include, but may not be limited to: l. Administration and preparation of daily logs, status reports, compliance reports and the final construction monitoring report regarding biological impacts and mitigation as identified in the Mitigation Monitoring Program (MMP-97-01) for the Otay Ranch Sectional Planning Area One Plan and Annexation Second -Tier Environmental Impact Report (EIR-95-01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03). 2. Review tentative map, final map, grading plans and improvement plans during the City plan check process. 3. Monitoring of on-site, daily grading/construction activities including the understanding of all permit conditions, site specific project requirements, construction schedules, and the environmental quality control efforts. 4. Ensure contractor knowledge of and compliance with all appropriate permit conditions. 5. Review all construction impact mitigation and if, need be propose additional mitigation measures. 6. Have the authority to require correction of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions. 7. Review and comment on revegetation plans. 8. Preparation ofrevegetation plans and assistance with permit processing through the Fish and Wildlife Service and the California Department offish and Game. 9. Perform on-site mitigation monitoring during grading and construction including any mvegetation activities. Three Party Agreement Page 15 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: (X) November 15, 2000 Dates or Time Limits' for Delivery of Deliverables: N/A Dates for completion of all Consultant services: The term of this agreement shall be for five years f~om the effective date of this contract. This contract may be extended at the sole discretion of the City for five years in one year increments. 7. Documents to be provided by Applicant to Consultant: ( ) site plans (X) grading plans ( ) architectural elevations (X) project description. (X) other: Improvement plans, re-vegetation plans, irrigation plans 8. Contract Administrators. City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Applicant: Kim J. Kilkermy, Vice-President, Otay Project L.P. Consultant: Keith Merkel, President, Merkel & Associates, Inc. 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Three Party Agreement Page 16 ( Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( Category No. 5. Investments in business entities and sources of income of the type which, w/thin the past two years, have conlracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No. 7. Business positions. 10. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Conunercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions insurance: $250,000 (not included in Commemial General Liability coverage). Three Party Agreement Page 17 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the implementation of the Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments (EIR-97-03). WHEREAS, the Consultant chosen for these services was previously a subconsultant to the Environmental Mitigation Monitoring prime contractor. WHERAS, said previous prime contractor was selected through an informal bidding process in accordance with the procedures in place at the time. WHEREAS, the City's formal bidding process is waived as impractical because the Consultant, was formally chosen through the informal bidding process as the subconsultant to the Environmental Mitigation Monitor Prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because the Consultant demonstrated the ability to. perform while working as a subconsultant to the Environmental Mitigation Monitor prime contractor; and WHEREAS, the City's formal bidding process is waived as impractical because as a subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is uniquely qualified to serve as the Consultant for this contract based on their past experience with the project. WltEREAS, City staffnow performing mitigation monitoring tasks, requires the services of a Environmental Monitor Specialist (biologist). WHEREAS, the consultant has demonstrated the ability to perform while working as a subconsultant to the Environmental Mitigation Monitor. Three Party Agreement Page 18 iq . 3o Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: Milestone or Event Amount or Percent of Fixed Fee 1. Signing of this agreement by all parties and upon the request of the contractor. 2. 3. 4. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not cormnence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Three Party Agreement Page 19 Fee for Phase Said Phase 1. $ 3. $ 4. $ (X) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or anaounts set forth hereinbelow according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation mount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for _$ 33,888.00 annually including all Materials, and other "reimburseables" ("Maximmn Compensation") as shown on page 21. The City will also receive a standard administrative fee paid for by the Applicant amounting to 10% of the contract. ( ) Limitation without Further Authorization on Time and Materials Arrangement Three Party Agreement Page 20 Rate Schedule Hourly Category_ of Employee Name Rate Principal Consultant Keith Merkel $120.00 Project Coordinator $60.00 Senior Biologists Kyle Ince $72.00 Associates Biologist $58.00 Biological Technicians $45.00 Marine Technicians $52.00 Production Graphics/Tech Support $42.00 Clerical Support $35.00 Expert Witness $165.00 Restoration Work/Revegetation Technicians $80.00 Field Labor Support $80.00 (X) Hourly rates may increase by 3% for services rendered after December, 2001, if delay in providing services is in the opinion of the City's Director of Planning and Building, caused by the City. Materials Separately Paid For by Applicant Cost or Rate (X) Materials Actual Reports Copies (X) Travel Actual (X) Printing Actual (X) Postage Actual (X) Delivery Actual (X) Long Distance Telephone Charges Actual (X) Other Actual Identifiable Direct Costs Actual Three Party Agreement Page 21 Deposit (X) Deposit Amount: $15,000 (×) Use of Deposit to Pay Consultant. Notwithstanding the sol~ duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City'd receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. Applicant agrees to maintain a minimum balance of $10,000 in subject account which shall be immediately replenished upon the request of the City. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) lSth Day of each Month ( ) End oftheMonth ( ) Other: C. City's Account Number: Three Party Agreement Page 22 COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 11/14/0~ ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving the City's formal bidding process as impracticable, approving the third amendment to an agreemem between The City of Chula Vista and MNA Consulting for land use consulting services related to the proposed City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and Implementing Agreement, authorizing the Mayor to execute said agreement, and amending the Fiscal Year 2000- 2001 Budget by appropriating an additional $226,025 to the Planning and Building Department from the available fund balance of the General Fund. Resolution of the City Council of the City of Chula Vista waiving the City's formal bidding process as impracticable, approving the second amendment to an agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP for legal services related to the proposed City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and Implementing Agreement, authorizing the Mayor to execute said agreement, and amending the Fiscal Year 2000- 2001 Budget by appropriating an additional $145,000 to the Planning and Building Department from the available fund balance of the General Fund. SUBMITTED BY: Director of Pl~n~/~g_and Building/~ City Attorney~: REVIEWED BY: City Manager .~ (4/5ths Vote: Yes X No ) In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised MSCP Subarea Plan (Plan), assist in the drafting of the Implementing Agreement, and assist in processing the Plan and Implementing Agreement ttu'ough the public hearing and Wildlife Agencies' approval process. In October 2000, the City Council adopted the Draft MSCP Subarea Plan. There are a variety of tasks necessary to ensure smooth and timely implementation of the Plan and the City wishes to acquire incidental take authority for Quino checkerspot butterfly, a species not covered under the MSCP. City staff has determined that the scope of work for completion of the City's MSCP Subarea Plan has expanded and additional tasks have been identified related to Plan implementation and legal review: Staff recommends that the existing agreements with MNA Consulting and Remy, Thomas and Moose, LLP (Remy Thomas) be amended to include the expanded scope of work. Page 2, Item No.: Meeting Date: 11/14/00 The resulting fiscal impact of approving the MNA Consulting and Remy Thomas contracts would be an amendment to the Fiscal Year 2000-2001 budget to appropriate $226,025 and $145,000, respectively, from the available funds balance of the City of Chula Vista General Fund to the Department of Planning and Building. RECOMMENDATION: 1. That the City Council adopt the Resolution waiving the City's formal bidding process as impracticable, approving the third amendment to an agreement between The City of Chula Vista and MNA Consulting for land use consulting services related to the proposed City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan and Implementing Agreement, authorizing the Mayor to execute said agreement, and amending the Fiscal Year 2000-2001 Budget by appropriating an additional $226,025 to the Planning and Building Department from the available fund balance of the General Fund. 2. That the City Council adopt the Resolution waiving the City's formal bidding process as impracticable, approving the second amendment to aa agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP for legal services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan and Implementing Agreement, authorizing the Mayor to execute said agreement, and amending the Fiscal Year 2000-2001 Budget by appropriating an additional $145,000 to the Planning and Building Department from the available fund balance of the General Fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The Multiple Species Conservation Program is a comprehensive, long-term habitat conservation plan developed to address the needs of multiple species and the preservation of natural vegetation communities in south San Diego County. The MSCP Framework Plan was adopted by the City of San Diego and County of San Diego in 1997. It addresses the potential impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts of future development of both public and private lands within the M$CP study area. In 1996, City Council authorized staffto forward a Draft MSCP Subarea Plan ("1996 Subarea Plan") to the U.S. Fish and Wildlife Service and the City of San Diego, acting as lead agencies, £or inclusion in the Draft MSCP Subregional Plan and for consideration by the lead agencies in their environmental review of the Draft MSCP Subregional Plan. In April 1999 the City hired MNA Consulting to assist the City in expediting completion of its MSCP Subarea Plan. By Page 3, Item No.: ~ Meeting Date: 11/14/00 December 1999 City staff had held numerous meetings with Wildlife Agencies staff, had submitted two Screencheck Subarea Plans to the Wildlife Agencies, and had made a diligent effort to resolve outstanding issues. Reflecting the work and negotiation to date, on February 17, 2000 a Drat~ Subarea Plan was submitted to the Wildlife Agencies and distributed to interested parties, including environmental groups and developers. Comment letters were received from 17 different stakeholders. Through April, May, and June 2000, City staff and MNA Consultants worked to resolve outstanding issues raised in the public comment letters. Since there were approximately 10 major unresolved policy issues between the City and the Wildlife Agencies, the City organized a two-day retreat in late June with managers from the Wildlife Agencies and City, and representatives from the environmental and development communities. Policy issues were discussed until verbal agreements were reached. During July and early August, the City's Subarea Plan was rewritten and on August 21, 2000 a Screencheck Subarea Plan was distributed to retreat participants for final comments. On September 22, 2000 the City submitted an application to the U.S. Fish and Wildlife Service for issuance of a Section 10(a)(1)(B) incidental take permit pursuant to the U.S. Endangered Species Act of 1973, as amended and submitted an application to the California Department of Fish and Game for issuance of take authorization pursuant to Section 2835 of the Fish and Game Code. The application included the September 11, 2000 Draft City of Chula Vista MSCP Subarea Plan, an environmental addendum for compliance with CEQA, and a September 20, 2000 Draft Implementing Agreement. Now that City Council has adopted the City's MSCP Subarea Plan (October 17, 2000) there are a variety of tasks necessary to ensure its smooth and timely implementation. These tasks include completion of the Implementing Agreement, preparation of two implementing ordinances, amendments to the Grading Ordinance, and preparation of MSCP implementation guidelines. In addition, the City wishes to receive an incidental take permit for the Quino checkerspot butterfly,.a species not covered by the MSCP. MNA Consulting and their subconsultant Dukek & Associates are needed to help staff accomplish these tasks. The .original agreement with Remy Thomas was intended to cover sufficient time for completion of the CEQA analysis for the MSCP Subarea Plan including meetings with City staff on the project, as necessary. Remy Thomas' role on the project has expanded. They wrote the MSCP CEQA Findings of Fact and the Mitigation and Implementing Agreement Monitoring Program for Biological Resources. Due to limitations in staff time, the City Attorney's Office has requested that Remy Thomas take the lead for the City in negotiating the MSCP Implementing Agreement with the Wildlife Agencies. They are also needed to complete the legal review of CEQA analysis prepared for three MSCP Implementing Ordinances, the MSCP Implementation Guidelines, and the Low-effect Habitat Conservation Plan (HCP) to be prepared for the Quino checkerspot butterfly. Page 4, Item No.: ~ Meeting Date: 11/14/00 Consultant Services Selection process 1. MNA Consulting The City of Chula Vista has detcrmlned that the scope of work for completion of the City's MSCP has expanded and additional tasks have been identified. The City now desires MNA Consulting's assistance with the creation of implementation ordinances and MSCP implementation guidelines, negotiation of the Implementing Agreement, and preparation of a Low-effect HCP for the Quino checkerspot butterfly. Department of Planning and Building staff have determined that land use consulting services of a firm that is very familiar with the overall Multiple Species Conservation Program and the City of Chula Vista's MSCP Subarea Plan are necessary for timely and adequate completion of thc City's MSCP and the continuity of tasks related to the implementation of the Subarea Plan. MNA Consulting has been under contract with the City for assisting in thc preparation of thc City's MSCP Subarea Plan. Amending MNA Consulting's contract with the City will allow for timely completion of implementation tasks associated with the Subarea Plan. Pursuant to Chula Vista Municipal Code Section 2.$6.070, staff believes that competitive bidding is impractical, and reconunends waiving the normal consultant selection process for the following reasons: a. MNA Consulting has provided significant time and effort in the preparation of the City's Draft MSCP Subarea Plan and is extremely knowledgeable of the policy issues and technical aspects of the project. b. Selection of an alternate firm would delay Wildlife Agency approval and implementation of the Subarea Plan, as well as impact the timeliness of processing and approval of development projects in the Otay Ranch, Rolling Hills Ranch, and San Miguel Ranch. c. Cost estimates by MNA Consulting have been reviewed and are found to be reasonable. The consultant represents that they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. Department of Planning and Building staff have negotiated the details of this agreemem in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code. 2. Remy, Thomas and Moose, LLP The City of Chula Vista has determined it is in need of specialized legal services for: ,, Preparation of CEQA Findings for the MSCP Subarea Plan; Review of draft responses to public comments received on the February 16, 2000 Draft Chula Vista MSCP Subarea Plan; Page 5, Item No.: Meeting Date: 11/14/00 Preparation and completion of a Mitigation and Implementing Agreement Monitoring Program for Biolbgical Resources; · Advising the City on proposed Critical Habitat designations for several species; Assistance with coordination and negotiation of an Implementing Agreement between the City and the Wildlife Agencies; and · Legal review of a Low-effect HCP for the Quino checkerspot butterfly and related federal and state environmental documents The City Attorney's Office and the Environmental Review Coordinator have determined that the legal services of a law firm that specializes in NEPA and C]EQA, as well as the processing of permits under the federal and state Endangered Species Acts, are necessary to ensure that environmental documents are prepared in accordance with NEPA and CEQA and City-initiated habitat conservation plans are prepared pursuant to the federal and state Endangered Species Acts. The law firm of Remy, Thomas and Moose, LLP is known throughout the State of California for their expertise and experience regarding CEQA and other environmental laws. Pursuant to Chula Vista Municipal Code Section 2.56.070, staff believes that competitive bidding is impractical, and recommends waiving thc normal consultant selection process for thc following reasons: a. Remy, Thomas and Moose, LLP has provided significant time and effort advising on this project, the preparation of the Environmental Impact Report for the Otay Ranch General Development Plan, as well as numerous other environmental documents for various projects in the City. b. Remy, Thomas and Moose, LLP has been retained as counsel on related litigation. c. Cost estimates by Remy, Thomas and Moose, LLP have been reviewed and are found to be reasonable. The consultant represents they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. The Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code and Sections 6.5.2 and 6.6 of the Environmental Review Procedures. Scope of work 1. MNA Consulting The third amendment to the existing agreement between the City and MNA Consulting deletes some tasks and deliverables identified for completion in the f~rst amendment dated December 6, 1999. These tasks and deliverables have been deleted for one of several reasons~ Page 6, Item No.: ~ Meeting Date: 11/14/00 The task or deliverable has been completed by the consultant; Due to enhancements in City staff, staff will complete some of the tasks initially targeted for completion by the consultant; or · The task or deliverable was deemed unnecessary. Any funds allocated for deleted tasks and deliverables have been spent for other MSCP tasks such as preparation for and negotiation with the Wildlife Agencies and revisions to the City's MSCP Subarea Plan. As an amendment to the existing agreement between the City of Chula Visa and MNA Consulting, MNA Consulting will perform tasks associated with Phase II MSCP and a Low-Effect Habitat Conservation Plan (HCP) for the Quino checkerspot butterfly for the time period of November 2000 through August 2001. These tasks include the following: a. Phase II MSCP Phase II MSCP is defined as the period from the adoption of the MSCP Subarea Plan by the City of Chula Vista City Council to the issuance of take permits by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. Consultant and/or Consultant's biological subcontractor shall complete the following: (1) Serve as an advisor to City on completion of three implementing ordinances; (2) Assist City in completing MSCP Implementation Guidelines; (3) Prepare an Initial Study of the three implementing ordinances and MSCP Implementation Guidelines, including detailed responses to all checklist questions and technical support documentation as necessary; (4) Assist City in preparation for and coordination of public hearings for the three implementing ordinances and MSCP Implementation Guidelines; (5) Attend one Resource Conservation Commission meeting, one Planning Conmfission hearing, and one City Council hearing on the implementing ordinances and one City Council hearing on the Implementing Agreement; (6) Serve as an advisor to City on MSCP issues in the Local Coastal Planning Area; (7) Provide assistance to the City Attorney in the negotiation of an Implementing Agreement between the City mid the Wildlife Agencies; and Page 7, Item No.: ~ Meeting Date: 11/14/00 (8) Continue to serve as advisor to the Planning and Building Director and coordinate continued outreach with other agencies, including the County of San Diego, City of San Diego and the Wildlife Agencies. b. Low-Effect Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly Consultant and/or Consultant's biological subcontractor shall complete the following: (1) Coordinate with the Wildlife Agencies to reach agreement on the approach to the HCP; (2) Quantify amount of take as a result of project activities; (3) Develop and evaluate mitigation strategies; (4) Prepare a Screencheck low-effect HCP for Quino checkerspot butterfly, including all required sections and analyses per federal and state guidelines; (5) Evaluate potential alternatives to the proposed project alternatives; (6) Prepare a draft Biological Assessment if determined to be necessary by the U.S. Fish and Wildlife Service; (7) Prepare an Environmental Assessment/Initial Study (EA/IS), including detailed responses to all checklist questions, technical support documentation as necessary, and analysis supporting the use of an EA/IS; (8) Coordinate with the Wildlife Agencies and the City to assemble all public comments, identify and resolve issues, prepare a final low-effect HCP for Quino checkerspot butterfly; (9) Prepare written responses to public comments at the end of the public comment period; and (10) MNA Consulting Partner to participate in 60 hours of meetings and Environmental Specialist IV to participate in 90 hours of meetings. 2. Remy, Thomas and Moose, LLP As an amendment to the existing agreement between the City and Remy Thomas, the following tasks associated with an expanded scope of work for completion and implementation of the City's MSCP Subarea Plan for the time period of September 2000 through August 2001. These tasks include the following: Page 8, Item No.: ~ Meet'mg Date: 11/14/00 a. Phase I MSCP (1) Prepare CEQA Findings for the City of Chula Vista acting as a responsible agency for the approval of the MSCP Subregional Plan and adoption of the Chula Vista MSCP Subarea Plan. (2) Review revisions of the Chula Vista MSCP Subarea Plan for compliance with federal and state endat~gered species laws. (3) Prepare a Mitigation and Implementing Agreement Monitoring Program for Biological Resources and ensure it is consistent with the Chula Vista MSCP Subarea Plan and Implementing Agreement. (4) Research and advise the City on strategies to modify the critical habitat designations for those species which affect thc Chnia Vista MSCP Subarea. (5) Review public comments and responses to public comments on the Chula Vista MSCP Subarea Plan as necessary to obtain federal and state incidental take permits. b. Phase II MSCP (1) Assist in contract negotiations on behalf of the City with thc Wildlife Agencies on the MSCP Implementing Agreement, including research and review all drafts of the Implementing Agreement to ensure compliance with applicable federal and state endangered species laws, attend meetings with the Wildlife Agencies, and prepare for and attend the City Council public hearing on adoption of the Implementing Agreement. (2) Revise thc Mitigation and Implementing Agreement Monitoring Program for Biological Resources and ensure it is consistent with thc Chuta Vista MSCP Subarea Plan and Implementing Agreement. (3) Research and advise thc City on strategies to modify the critical habitat designations for those species which affect the Chula Vista Mscp Subarea. (4) Review the City's proposed implementing ordinances, including thc HLIT, Grazing Abatement, and amendments to the Grading Ordinance for consistency with applicable federal and state endangered species laws and for compliance with CEQA. (5) Review public comments and responses to public comments on the Implementing Agreement as necessary to obtain and implement federal and state incidental take permits. Page 9, Item No.: Meeting Date: 11/14/00 c. Low-effect Habitat Conservation Plan (HCP) for the Ouino Checkerspot Butterfly (1) Review the low-effect Habitat Conservation Plan for the Quino checkerspnt butterfly for consistency with applicable federal and state endangered species laws and for compliance with CEQA. FISCAL IMPACT: 1. MNA Consulting The City Council appropriated $127,000 for the original Agreement between the City and MNA Consulting in April 1999, funded .by developer deposits. In December 1999, $77,760 was appropriated for the f~rst amendment to the MNA Consulting contract and funded from the available fund balance of the City of Chula Vista General Fund. In June 2000, $142,200 was appropriated for the second amendmem to the MNA Consulting contract and funded from the available fund balance of the City of Chula Vista General Fund. The resulting fiscal impact of approving the third amendment to the MNA Consulting contract would be an amendment to the Fiscal Year 2000-2001 budget to appropriate an additional $226,025 from the available fund balance of the City of Chula Vista General Fund to the Department of Planning and Building. Developer reimbursements will fund the $142,200 approved in June 2000 and the $226,025 currently proposed for approval. Including this third contract amendment, the total fiscal impact for MNA Consulting is $579,985. 2. Remy, Thomas and Moose, LLP The City Council approved a budget appropriation to the Planning and Building Department of $20,000 in April 1999 for legal services relating to the Environmental documentation for the City's MSCP Subarea Plan, funded by developer deposits. Based on the work to be completed an additional $12,500 was approved in December 1999, funded from the available fund balance of the City of Chula Vista General Fund. In June 2000, $25,000 was appropriated for the first amendment to the Remy Thomas contract and funded from the available fund balance of the City of Chula Vista General Fund. The resulting fiscal impact of approving this second amendment to the Remy Thomas contract would be an amendment to the Fiscal Year 2000-2001 budget to appropriate an additional $145,000 from the available fund balance of the City of Chula Vista General Fund to thc Department of Planning and Building. Developer reimbursements will fired the $25,000 approved in June 2000, and the $145,000 currently proposed for approval. Including this second contract amendment, the total fiscal impact for Remy Thomas is $202,500. RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING TH]5 CITY'S FORMAL BDDING PROCESS AS IMPRACTICABLE, APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2000-2001 BUDGET BY APPROPRIATING AN ADDITIONAL $226,025 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 for a $127,000 agreement with MNA Consulting for land use consulting services related to the City's preparation of the Multiple. Species Conservation Program (MSCP) Subarea Plan; and WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a $77,760 amendment to the agreement with MNA Consulting for additional land use consulting services related to the City's preparation of the MSCP Subarea Plan; and WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-215 for a $142,200 amendment to the agreement with MNA Consulting for additional land use consulting services related to the City's preparation of the MSCP Subarea Plan; and WHEREAS, the scope of work has expanded to include, but is not limited to, serving as an advisor to City on completion of three implementing ordinances, assisting City in completing MSCP Implementation Guidelines, preparing an Initial Study of the three implementing ordinances and MSCP Implementation Guidelines, serving as an advisor to City on MSCP issues in the Local Coastal Planning Area, providing assistance to the City Attorney in the negotiation of an Implementing Agreement between the City and the Wildlife Agencies, and preparing a low- effect Habitat Conservation Plan for the Quino checkerspot butterfly; and WHEREAS, staff recommends amending the existing contract with MNA Consulting to encompass the expanded scope of work to help ensure the MSCP project is completed in a timely manner; and WHEREAS, in amending the existing contract, staff recommends waiving the City's formal bidding process for the following reasons: 1 -/ I. Formal bidding will result in delays in completion of the MSCP project which will impact approval of the Otay Valley Regional Park and also impact development in San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and 2. MNA has provided significant time and effort in the preparation of the City's Draft MSCP Subarea Plan hnd is extremely knowledgeable of the political and technical aspects of the project.. 3. Cost estimates by MNA Consulting have been reviewed and are found to be reasonable. WHEREAS, the contract extension requested is not to exceed $226,025 and this appropriation was not foreseen. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Third Amendment to an Agreement with MNA Consulting for Land Use Consulting Services related to the proposed Multiple Species Conservation Program Subarea Plan, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute the Third Amendment between the City and MNA Consulting. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1999-2000 budget by appropriating $226,025 to the Department of Plmming and Building from the available fund balance of the General Fund. Presented by: Approved as to form: Robert A. Leiter .~;h.n. ff/I. rahen~ Planning and Building Director Cit,~ Attorney H 5shared\plan ning\Christin a\M NA Reso3.doc 2 THIRD AMENDMENT TO the Agreement between the City of Chula Vista and MNA Consulting, a California Corporation Recitals This Third Amendment is entered into effective as of November ,2000 by and between the City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an ~We'efnent on April 13, 1999 whereby Consultant was to prepare a revised draft MSCP Subarea Plan and accompanying environmental documents; and WHEREAS, City and Consultant entered a First Amendment on December 6, 1999 for expanded work; and WHEREAS, City and Consultant entered a Second Amendment on June 20, 2000 for expanded work; and WHEREAS, the City Council adopted thc September 11, 2000 Draft Chula Vista MSCP Subarea Plan on' October 17, 2000; and WHEREAS, City needs further assistance from Consultant in seeking take permits fi.om the Wildlife Agencies, including but not limited to, negotiating an Implementing Agreement with thc Wildlife Agencies, creating MSCP Implementation Guidelines, completing an environmental review of three MSCP implementing ordinances, and serving as an advisor on MSCP in thc local Coastal Planning Area; and WHEREAS, City desires to obtain take authorization for the Qinno checkcrspot butterfly, a species not covered by the MSCP; and WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, thc parties now desire to amend the Agreement to expand thc Scope of Work required of Consultant to a) assist City in seeking take pem~its from the Wildlife Agencies, and b) complete a low-effect Habitat Conservation Plan for Quino checkerspot butterfly coverage and accompanying environmental documents. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule, Detailed Scope of Work, as amended on December 6, 1999, is hereby amended to eliminate the following paragraphs: 1 of 6 (2) Task 1I - If the EIR is adequate for the purposes of taking discretionary action on the Subarea Plan, Consultant shall prepare Draf~ Findings of Fact, in accordance with Section 15091 of the California Code of Regulations. (3) Task III - If as a result of the analysis the EIR is deemed inadequate, Consultant shall conduct an Initial Study and provide the City with a draft completed checklist and detailed explanation of answers, as well as a Negative Declaration or Mitigated Negative Declaration. If after completion of an Initial Study, a Negative Declaration or Mitigated Negative Declaration is deemed inadequate for purposes of environmental review, preparation of any other document such as a supplemental EIR will be considered outside the scope of this Agreement, and will require an Amendment to this Agreement. · Coordinate preparation by City of the Habitat Loss and Incidental Take Ordinance; · Review MSCP-related documents such as the General Plan, SPA Ordinance, Grading Ordinance, and Otay Ranch Resource Management Plan to determine if amendments will be necessary to achieve consistency between MSCP Subarea Plan and said documents; · Attend all necessary meetings and hearings, as determined by staff, of the Resource Conservation Commission, Planning Commission, and City Council for appmval of the Habitat Loss and Incidental Take Ordinance and other MSCP-related documents. 2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for Delivery of Deliverables, as amended on December 6, 1999, is hereby amended to eliminate the following paragraphs: Deliverable No. I: City MSCP Subarea Plan approved by City Council by February 22, 2000 Deliverable No. 2: Habitat Loss and Incidental Loss Ordinance by June 30, 2000 Deliverable No. 3: Completed Amendments to MSCP-related Plans and Ordinances by June 30, 2000 Deliverable No. 4: Task I of the Environmental Review by November 30, 1999 Deliverable No. 5: Task II (Findings of Fact) of the Environmental Review by January 3, 1999 Deliverable No 6: Task III (Initial Study and Negative Declaration of Mitigated Negative Declaration) of the Environmental Review by January 3, 1999 3. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule, Detailed Scope of Work, is hereby amended to add the following paragraphs: 2 of 6 /5/4 ,-,q T a. Phase II MSCP Phase 13[ MSCP is defined as the period from the adoption of the MSCP Subarea Plan by the City of Chula Vista City Council to the issuance of take permits by the U.S. Fish and Wildlife Service and the California Department of Fish and G~me. Consultant and/or Consultant's biological subcontractor shall complete the following: (1) Serve as an advisor to City on completion of three implementing ordinances; (2) Assist City in completing MSCP Implementation Guidelines; (3) Prepare an Initial Study of the three implementing ordinances and MSCP Implementation Guidelines, including detailed responses to all checklist questions and technical support documentation as necessary; (4) Assist City in preparation for and coordination of public hearings for the three implementing ordinances and MSCP Implementation Guidelines; (5) Attend one Resource Conservation Commission meeting, one Planning Commission hearing, and one City Council hearing on the implementing ordinances and one City Council hearing on the Implementing Agreement; (6) Serve as an advisor to City on MSCP issues in the Local Coastal Planning Area; (7) Provide assistance to the City Attorney in the negotiation of an Implementing Agreement between the City and the Wildlife Agencies; and (8) Continue to serve as advisor to the Planning and Building Director and coordinate continued outreach with other agencies, including the County of San Diego, City of San Diego and the Wildlife Agencies. b. Low-Effect Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly Consultant and/or Consultant's biological subcontractor shall complete the following: (1) Coordinate with the Wildlife Agencies to reach agreement on the approach to the HCP; (2) Quantify amount of take as a result of project activities; (3) Develop and evaluate mitigation strategies; (4) Prepare a Screencheck low-effect HCP for quino checkerspot butterfly, including all required sections and analyses per federal and state guidelines; (5) Evaluate potential altematives to the proposed project alternatives; 3 of 6 (6) Prepare a draft Biological Assessment if determined to be necessary by the U.S. Fish and Wildhfe Service; (7) Prepare an Environmental Assessment/Initial Study (EA/IS), including detailed responses to all checklist questions, technical support documentation as necessary, and analysis supporting the use of an EAtlS; (8) Coordinate with the Wildlife Agencies and the City to assemble all public comments, identify and resolve issues, prepare a final low-effect HCP for quino checkerspot butterfly; (9) Prepare written responses to public comments at the end of the public comment period; and (I0) Participate in 60 hours of meetings at $140 per hour and participate in 90 hours of meetings at $100 per hour. 4. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for Delivery of Deliverables, is hereby amended to add the following paragraphs: Deliverable No. 3: One Initial Study covering three MSCP Implementing Ordinances Deliverable No. 4: Screencheck Low-effect Habitat Conservation Plan for Quino checkerspot butterfly Deliverable No. 5: Draft Low-effect Habitat Conservation Plan for Quino checkerspot butterfly Deliverable No, 6: If necessary as determined by the Wildlife Agencies, Biological Assessment for Draft Low-effect Habitat Conservation Plan for Quino checkerspot butterfly Deliverable No. 7: Environmental Assessment/Initial Study for Draft Low-effect Habitat Conservation Plan for Quino checkerspot butterfly Deliverable No. 8: Written Responses to Public Comments on the Draft Low-effect Habitat Conservation Plan for Quino checkerspot butterfly Deliverable No. 9: Final Low-effect Habitat Conservation Plan for Quino checkerspot butterfly 5. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: a. Phase II MSCP: March 31, 2001 b. Low-Effect HCP for Quino checkerspot butterfly: upon issuance of the incidental take permit for Quino checkerspot butterfly 4 of 6 6. Exhibit A, Section llC(1) of the original Agreement, entitled Compensation, Hourly Rate Arrangement, Not-to-Exceed Limitation on Time and Materials Anangement. (X) Not-to-Exceed Limitation on Time and Materials Arrangement Not withstanding the expenditure by MNA Consulting and Subcontractor of time and materials in excess of said Maximum Compensation mount, MNA Consulting agrees that MNA Consulting will perform all of the General and Detailed Services contained within this Third Amendment required of Consultant for no more than $226,025 including all Materials, and other "reimburseables" ("Maximurn Compensation"), as follows: Phase II MSCP $ 84,050 Low-effect HCP for Ouino Checkerspot Butterfly $141,975 TOTAL $226,025 Hourly Rate Schedule for MNA Consulting Senior Partner Laurie McKinley $140.00 David Nielsen Research Associate Cyndi Alcantara $ 85.00 Administrative Assistant Donna Lane $ 65.00 The Hourly Rate Schedule for Dudek & Associates, Inc., approved subcontractor, is provided in Attachment 1 and is incorporated herein. 7. Except as herein provided, all provisions of the original agreement and first and second amendments to the agreement shall remain in full force and effect. (H:\SharedLPlannmg\ChristinaWINA Amendment3.doc) 5 of 6 11/89/2888 09:39 Gig2399878 MN~ GONSULTING PAGE 87 SIGNATURE PAGE TO THIRD AMENDMENT TO THE AGP..EEMENT BETWEEN TI~ CITY OF CHLrLA VISTA AND M'NA CONSULTING, A CALIFORNIA CORPORATION. City of Chula Vista MNA Consulting Dba of McKinley Nielsen, Associates, Inc. Shirley Horton, Mayor lgauri Date Date .~"/~/- David C. Niels~J~,,~h'esideat ATTEST: Susan Bigelow, City Clerk Approved in form by: Joz..k~Vl, Kaheny, i(~ Attorney 6 of 6 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE, APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTiNG AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2000-2001 BUDGET BY APPROPRIATING AN ADDITIONAL $145,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND WHEREAS, on April 13, 1999 the City Council approved Resolution 19427 which included $20,000 in developer funding for contract enviromnentat legal services related to preparation of the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; and WHEREAS, on November 30, 1999, City Council approved Resolution 19675 for a $32,500 contract with the firm of Remy, Thomas and Moose, LLP for legal services related to the City's preparation of the MSCP Subarea Plan, and added $12,500 in general funds to the Fiscal Year 1999-2000 budget of the Department of Planning and Building; and WHEREAS, on June 20, 2000, City Council approved Resolution 2000-216 for a $25,000 amendment to the contract with Remy, Thomas and Moose, LLP for expanded legal services related to the City's preparation of the MSCP Subarea Plan, and added $25,000 in general funds to the Fiscal Year 1999-2000 budget of the Department of Plalming and Building; and WHEREAS, the scope of work has expanded to include, but is not limited to, preparation of CEQA Findings for the MSCP Subarea Plan; review of draft responses to public comments received on the February 16, 2000 Draft Chula Vista MSCP Subarea Plan; preparation and completion of a Mitigation and Implementing Agreement Monioring Program for Biological Resources; advising the City on proposed Critical Habitat designations for several species; assist with the coordination and negotiation of an Implementing Agreement between the City and the Wildlife Agencies, and legal review of a low-effect habitat conservation plan for the Quino checkerspot butterfly and related federal and state environmental documents; and WHEREAS, staff recommends amending the existing contract with Remy, Thomas and Moose, LLP to encompass the expanded scope of work to help ensure the MSCP process is completed in a timely manner; and ! WHEREAS, in amending the existing contract, staff recommends waiving the City's fore, al bidding process because Remy, Thomas and Moose, LLP is uniquely qualified to provide legal services related to preparation of the City's MSCP Subarea Plan and Implementing Agreement due to their extensive knowledge and understm~ding of the project, the Chula Vista community, the wildlife agencies, and state and federal law; and WHEREAS, waiving the City's formal bidding process is also recommended because delays in completion of the MSCP will impact approval of the Otay Valley Regional Park and also impact development in San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and WHEREAS, the contract extension requested is not to exceed $145,000 and this appropriation was not foreseen. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the contract amendment with Remy, Thomas and Moose, LLP for legal services related to the Multiple Species Conservation Program Subarea Plan and Implementing Agreement, a copy of which shall be kept on file in the office of the City Clerk.. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Mayor to execute the Second Amendment to an Agreement between the City and Remy, Thomas and Moose, LLP. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2000-2001 budget by appropriating $145,000 to the Department of Plauning and Building from the available fund balance of the General Fund. Presented by: Approved as to form: Robert A. Leiter J~ht} ~. Kaheny 6/ Plarming and Building Director City~-Attorney (H:\Shared\Planning\Christina~RTM Reso2.doc) SECOND AMENDMENT TO the Agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP For Legal Consulting Services Re: MSCP Subarea Plan Recitals This Second Amendment ("Second Amendment") is entered into effective as of November __, 2000 by and between the City of Chula Vista ("City") and Remy, Thomas and Moose, LLP ("Remy Thomas"), with reference to the following facts: WHEREAS, Remy Thomas has assisted the City with the review of legal adequacy of certain environmental documentation required for the MSCP Subarea Plan; and WHEREAS, City determined additional work beyond the original Scope of Work would be necessary to complete the documents; and WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, thc parties now desire to amend the Agreement to expand the Scope of Work required of Rcmy Thomas to complete the legal review of the MSCP Subarea Plan and associated documents. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Remy Thomas agree as follows: 1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule, Detailed Scope of Work, is hereby amended to add the following paragraph: 6.Consultant shall complete the below listed tasks: MSCP - Phase I a. Prepare CEQA Findings for the City of Chula Vista acting as a responsible agency for the approval of the MSCP Subregional Plan and adoption of the Chula Vista MSCP Subarea Plan. b. Review revisions of the Chula Vista MSCP Subarea Plan for compliance with federal and state endangered species laws. 1 of 4 YI- ~ T c. Prepare a Mitigation and Implementing Agreement Monitoring Program for Biological Resources and ensure it is consistent with the Chula Vista MSCP Subarea Plan and Implementing Agreement. d. Research and advise the City on strategies to modify the critical habitat designations for those species wttich affect the Chula Vista MSCP Subarea. e. Review public comments and responses to public comments on the Chula Vista MSCP Subarea Plan as necessary to obtain federal and state incidental take permits. MSCP - Phase II a. Assist in contract negotiations on behalf of the City with the Wildlife Agencies on the MSCP Implementing Agreement, inclnding research and review all drafts of the Implementing Agreement to ensure compliance with applicable federal and state endangered species laws, attend meetings with the Wildlife Agencies, and prepare for and attend the City Council public hearing on adoption of the Implementing Agreement. b. Revise the Mitigation and Implementing Agreement Monitoring Program for Biological Resources and ensure it is consistent with the Chula Vista MSCP Subarea Plan and Implementing Agreement. c. Research and advise the City on strategies to modify the critical habitat designations for those species which affect the Chula Vista MSCP Subarea. d. Review the City's proposed implementing ordinances, including the HLIT, Grazing Abatement, and amendments to the Grading Ordinance for consistency with applicable federal and state endangered species laws and for compliance with CEQA. e. Review public comments and responses to public comments on the Implementing Agreement as necessary to obtain and implement federal and state incidental take permits. Low-effect Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly a. Review the low-effect Habitat Conservation Plan for the Quino Checkerspot butterfly for consistency with applicable federal and state endangered species laws and for compliance with CEQA. 2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Times for Delivery of Deliverables, Deliverable No. 2 is hereby amended to read as follows: Draft Findings of Fact and Statement of Overriding Considerations 2 of 4 3. Exhibit A, Section 8C of the original Agreement, entitled Dates or Times for Delivery of Deliverables, is hereby amended to add the following paragraph: Deliverable No. 4: Drat~ Mitigation and Implementing Agreement Monitoring Program for Biological Resources. Deliverable No. 5: Revised Draft Mitigation and Implementing Agreement Monitoring Program for Biological Resources. 4. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: August 15, 2001 or upon issuance of incidental take permits by the Wildlife Agencies. 5. Exhibit A, Section I0 A of the original Agreement, entitled Compensation, Time and Materials, Not-to-Exceed Limitation on Time and Materials Arrangement, is hereby amended to read as follows: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Remy Thomas of time and materials in excess of said Maximum Compensation amount, Remy Thomas agrees that Remy Thomas will perform all of the General and Detailed Services contain within this Second Amendment required of Consultant for no mom than $145,000 including all Materials, and other "reimbursables" ("Maximum Compensation"), as follows: MSCP - Phase I $ 20,000 MSCP - Phase II $ 95,000 Low-effect HCP for Quino Checkerspot Butterfly $ 30,000 TOTAL $145,000 Rate Schedule Attorney Partner Tina A. Thomas $ 2 l 0.00 Senior Associate Renee F. Hawkins $165.00 Any travel or lodging costs shall be reimbursed at the actual cost incurred. 6. Except as herein provided, all provisions of the original agreement and first amendment to the agreement shall remain in full force and effect. 3 of 4 SIGNATUR]{ PAGE TO SECOND AMEND~ TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS, AND MOOSE, LLP City of Chula Vis~ Remy, Thomas, and Moose, LLP Shirley Hot,on, Mayor Tina K. Thomas, Partner ' Date Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Jo~M. Kahen35, Ci~y.)Attomey COUNCIL AGENDA STATEMENT Item: /~ Meeting Date: 11/14/00 ITEM TITLE: Resolution Authorizing the Chula Vista Nature Center to submit a grant proposal to the California Coastal Commission Whale Tail Competitive Grants Program; and Authorizing the Nature Center Director to enter into a contract with the California Coastal Commission if a grant is awarded. * 0~'~ SUBMITTED BY: Nature Center Direct REVIEWED BY: City Manager r~ ~ (4/5ths Vote: Yes No X ) RECOMMENDATION: That the Council adopt the Resolution. The Chula Vista Nature Center has been invited to submit proposals to receive grant funds from the California Coastal Commission pursuant to the Commission's 2000/2001 Whale Tail Grants Program funded through the sale of the Whale Tail Coastal Protection License Plates. A resolution of the City Council authorizing the Nature Center's grant proposal submittal and designating the agency's representative is a reqBired element of the submittal. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: The California Coastal Commission's 2000/2001 Whale Tail Grants Program is aimed at encouraging the development of programs to teach California's children and the general public to value and take responsibility for the health of the state's marine and coastal environments. The program will distribute funds from the sale of the Whale Tail Coastal Protection License Plates. The Commission has now authorized the allocation of $172,000 for the competitive funding of the program. The grants will vary in size, with a few larger grants and a number of small grants up to $10,000. Under the rules for grant awards as stated in the solicitation for proposals, it is clear that at least two Nature Center projects in need of funding would be eligible for consideration. 1. The FY 2001 CIP includes a project for the reconstruction of the current petting pool (GG 176). While a portion of the architectural services have been funded, the funds for construction have not. Funding of the design and construction ofthe interpretive features of the new exhibit, which would educate the public on a variety of things from watershed ecology to the biology and physiology of salt marsh and bay-dwelling plants and animals, are consistent with the Grant guidelines. Overall cost: $40,000 to $50,000. Grant proposal would request $50,000 or any amount available up to $50,000. 2. In the Fall of 1998, a 49-foot Fin Whale beached itself and died on the shores of south San Diego Bay. The Nature Center was permitted by the U.S. Fish and Wildlife Service to receive and store the whale skeleton for future re-assembly and display. The proposed project to professionally assemble and appropriately display the skeleton is also consistent with the grant program guidelines. Estimated Cost: $25,000. Item #: Meeting Date: 11/14/00 The Grant solicitation requires the applicant's submittal to include a resolution of its governing body authorizing the submittal, granting the authority to enter into contract with the California Coastal Commission (if a grant is awarded), and designating an individual as the applicant's authorized representative (name and title). It is proposed that the Nature Center Director, Daniel D. Beintema be authorized to complete the grant application to include either or both potential projects for funding and to execute any agreements necessary if a grant is awarded. Staff would, of course, return to the City Council for appropriation of the grant funds and processing of any required documents. FISCAL IMPACT: There is no fiscal impact created by this action. If the grant(s) were to be awarded in the future, the Nature Center could realize revenues to fund these projects where no current funding exists. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE CENTER TO SUBMIT A GRANT PROPOSAff~ TO THE CALIFORNIA COASTAL COMMISSION WNALE TAIL COMPETITIVE GRANTS PROGRAM; AND AUTHORIZING NATURE CENTER DIRECTOR TO ENTER INTO A CONTRACT WITH THE CALIFORNIA COASTAL COMMISSION IF A GRANT IS AWD~RDED WHEREAS, the Chula Vista Nature Center has been invited to submit proposals to receive grant funds from the California Coastal Commission pursuant to the Commission's 2000/2001 Whale Tail Grants Program funded through the sale of the Whale Tail Coastal Protection License Plates; and WHEREAS, the Commission has authorized the allocation of $172,000 for the competitive funding of the Program with the grants varying in size, with a few larger grants and a number of small grants up to $10,000; and WHEREAS, a resolution of the City Council authorizing the Nature Center's grant proposal submittal and designating the agency's representative is a required element of the submittal. WHEREAS, staff would return to the City Council for appropriation of the grants funds and processing of any required documents. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby authorize the Chula Vista Nature Center to submit a grant proposal to the California Coastal Commission Whale Tail Competitive Grants Program and authorizing Nature Center Director to enter into a contract with the California Coastal Commission; if a grant is awarded, subject to City Council final review and approval. Presented by Approved as to form by Daniel D. Beintema Nature Center Director t [H:\H OMSLATTO~NEY~RE$O\whale tail grant (November 7, 2000 (2: 9pm)] COUNCIL AGENDA STATEMENT Item t~7 Meeting Date 11/14/00 ITEM TITLE: Resolution Accepting bids, rejecting lowest bid due to disparities in bid proposal, awarding contract for the "Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA (DR- 152)" project to Ford Construction Company, Inc., in the amount of $278,000.00, appropriating $40,000.00 from the available fund balance in the Sewer Facilities Replacement Fund as a loan to CIP Project DR-152, and authorizing the City Manager to execu)e said contract REVIEWED BY: ' Y g ~0 ~ I~ (4/5ths Vote: Yes ~X No ) At 2:00 p.m. on Friday, November 3, 2000, the Director of Public Works received sealed bids for the "Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA (DR-152)" project. This project provides for the rehabilitation of two (2) existing 42-inch corrugated metal pipes (CMP) as shown on the attached plats by a pipe lining method. The 42-inch CMP lines are located within and adjacent to the Autumn Hills Unit 1 condominium property. The Autumn Hills Unit 1 condominium property is situated, in general, between Malta Avenue and Maple Drive in the City of Chula Vista, California. The pipe lining method to be employed by the successful low bidder for the project is Cured-In-Place (CIPP) pipe liner. The work also includes all labor, material, equipment, transportation, protection and restoration, and traffic control necessary for completion of the project. RECOMMENDATION: 1. That Council reject the bid submitted by the apparent lowest bidder for the "Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA (DR- 152)'' project. 2. That Council accept bids, award the contract for the "Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA (DR-152)" project to the second lowest bidder, Ford Construction Company, Inc., in the amount of $278,000.00 and authorize the City Manager to execute said contract. 3. That Council appropriate $40,000.00 from the available fund balance in the Sewer Facilities Replacement Fund as an additional loan to CIP Project DR-152. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. Page 2, Item Meeting Date 11/14/00 DISCUSSION: General This project provides for the rehabilitation of two (2) existing 42-inch corrugated metal pipes (CMP) as shown on the attached plats by a pipe lining method. The 42-inch CMP lines are located within and adjacent to the Autumn Hills Unit 1 condominium property. The Autumn Hills Unit 1 condominium property is situated, in general, between Malta Avenue and Maple Drive in the City of Chula Vista, California. The existing CMP lines are corroding and require rehabilitation. With the construction of this project, the City of Chula Vista will be taking a preventative measure against the costly repairs associated with the CMP lines collapsing and will be lessening the potential for public inconvenience. The upstream segment of the 42-inch CMP lines, which runs through Rohr Elementary School, was previously rehabilitated in the Fall, 1999 and the construction of this project will complete the rehabilitation to the outlet into Poggi Channel, except for the segment Which runs through Malito Court. The bid documents allowed for throe different methods of pipe liners to be used for the rehabilitation. The three potential pipe liner methods were Cured-In-Place Pipe Liner (CIPP Liner), Spirally Wound Polyvinyl Chloride (PVC) Pipe Lining System and High-Density Polyethylene (HDPE) Solid-Wall Liner. The pipe lining method to be employed for construction by the successful lowest bidder for the prqject is Cured-In-Place Pipe Liner (CIPP Liner). The project work also includes traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment and transportation necessary for the project. Bidding Process Engineering staff prepared plats and specifications and advertised the project. Staff received and opened bids for the project on November 3, 2000. Bids were received from two (2) contractors to perform the work as follows (listed in order of "Original Base Bid Amount"): Contractor Original Base Bid Amount* Actual Base Bid Amount** Insituform Technologies, Inc. $273,800.00 $282,800.00 Ford Construction Company, Inc. $278,000.00 $278,000.00 *The "Original Base Bid Amount" reflects the total amount bid by the contractor as stated in their bid proposal. **The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of their bid proposal by City staff'. Page 3, Item Meeting Date 11/14/00 The original low bid, submitted by Insituform Technologies, Inc., is below the engineer's estimate of $350,000.00 by $76,200.00 or 21.8%. However, subsequent to a review of said contractor's bid proposal by City staff, a disparity between the grand total of the various bid items and the grand total provided in their bid proposal was discovered. The disparity resulted in the base bid grand total for said contractor to be increased by $9,000.00. Their base bid grand total for the project is now $282,800.00. The increase to their base bid grand total disqualified the contractor as low bidder for the project and now ranked them as second lowest bidder. Further, the contractor failed to include Addendum #1 for the project at the bid opening; the bid documents clearly stated that all addenda "must be completed and submitted with the bid". Based on the preceding bid deviations, City staff recommends that the original low bid, submitted by Insituform Technologies, Inc., be rejected by Council. Based on the disqualification of the original lowest bid for the project, the second lowest bid for the project, submitted by Ford Construction Company, Inc., was reviewed by City staff for potential award of the contract. The second lowest bid is also below the engineer's estimate of $350,000.00 by $72,000.00 or 20.6%. Staff's bid estimate was based on average unit prices received recently for similar type of work completed during the last three (3) years. Staff has seen a recent trend with bids coming in below the estimate, however, it is unclear as to the eventual impact on our future construction estimates and construction costs. It is staff's opinion that the bid submitted by Ford Construction Company, Inc. is responsive. Engineering staff checked three references provided by Ford Construction Company, Inc. The references were verified and their work has been satisfactory. Their Contractor's License No. 391570 is clear and current. Staff, therefore, recommends awarding the contract to Ford Construction Company, Inc. of Lodi, California, in the amount of $278,000.00. Contract Execution In order to expedite the contract schedule for the project, City staff recommends that Council authorize the City Manager to execute the contract. The construction schedule set for the project is very aggressive due to the necessity to complete project construction prior to the rainy season. By allowing the City Manager to execute the contract, project construction can begin almost immediately thereafter. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Page 4, Item Meeting Date 11/14/00 Prevailing Wage Statement This project is funded through Sewer Facilities Replacement Fund as a loan. Based on thc current project funding guidelines, no prevailing wage requirements were necessary as part of the bid documents. Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Ford Construction Company, Inc.) $278,000.00 B. Contingencies (+20%) $52,000.00 C. Staff Costs (Design, Inspection, Administration) $10,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $340,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Sewer Facilities Replacement Fund (DR-152) $300,000.00 B. Appropriation of funds from the available fund balance in the Sewer $40,000.00 F~cilities Replacement Fund to CIP Project DR-152. TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $340,000.00 The above action of awarding the contract will authorize a total expenditure of $300,000.00 from the budgeted CIP project. In order to complete the project, an additional $40,000.00 will bc appropriated from the available fund balance in the Sewer Facilities Replacement Fund as an additional loan to CIP Project DR-152. The additional funds are needed to cover any potential additional construction costs, staff costs for the preparation of the plats and specifications, administrative costs, and the future staff costs for construction inspection. After construction, only routine City maintenance will be required. Attachments: Plats Contractor's Disclosure Statement H:\HOME\ENGINEER\AGENDA\DR 152A113.get.doc · ~...~.w~.~ ,~,,~ ~.~,~ PROJECT FILE ~DR152 ~Lc~ CITY OF CHULA VISTA ]OET/B~ I I APPRO~D B~' 10-DATE:18-O0 ~ ~HT~ CMP LINING, AUTUMN HILLS UNIT , ~'~'~'~'~"~ ~'~ ~"*"'"~' PROJECT FILE ~R152 DRAWN B~' I TITLE: I PREPAREDR. HOLMEsB~' ~c~ CITY OF CHULA VISTA I~E~/BVH ]DA~: ~EET 2 CMP LINING, AUTUMN' HILLS UNIT I iJ~ES ,10-18-00 OF 5 SHTS. ]APPROVED B~' TRE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. NONE 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/Partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 13 H:XHOME\ENGINEER~ADMIN~CONTRACT~DR 15 2.DOC [~7~' F7 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to th!s contract within the past 12 months? Yes No X If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No × If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes No X If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No × If Yes, which official** and what was the nature of item provided? Date: 11/02/00 Signa~ant D. O. FORD, PRESIDENT Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staffmembers. 14 H :\HO M E\ENG INEER'Cd)MIN~CONTRA CTxDR 152.DOC ] ~.~,~ ~ RESOLUTION NO. RESOLUTION OF THE cITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING LOWEST BID DUE TO DISPARITIES IN BID PROPOSAL, AWARDING CONTRACT FOR THE ~CORRUGATED METAL PIPE (CMP) REHABILITATION, AUTUMN HILLS UNIT 1, IN THE CITY OF CHULA VISTA, CA (DR-152)" PROJECT TO FORD CONSTRUCTION COMPANY, IN THE AMOUNT OF $278,000.00, APPROPRIATING $40,000.00 FROM THE AVAILABLE FUND BALANCE IN THE SEWER FACILITIES REPLACEMENT FUND AS A LOAN TO CIP PROJECT DR-152, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, at 2:00 p.m. on Friday, November 3, 2000, the Director of Public Works received the following two sealed bids for the "Corrugated Metal Pipe Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA (DR-152)" project: Contractor Original Base Bid Amount* Actual Base Bid Amount** Insitu~rm Technologies, Inc. $273,800.00 $282,800.00 Ford Construction Company, Inc. $278,000.00 $278,000.00 *The "Original Base Bid Amount" reflects the total amount bid by the contractor as stated in their bid proposal. **The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of their bid proposal by City sta~ WHEREAS, the original low bid, submitted by Insituform Technologies, Inc., is below the engineer's estimate of $350,000.00 by $76,200.00 or 21.8%, however, subsequent to a review of said contractor's bid proposal by City staff, a disparity between the grand total of the various bid items and the grand total provided in their bid proposal was discovered; and WHEREAS, the disparity resulted in the base bid grand total for said contractor to be increased by $9,000.00 and their base bid grand total for the project is now $282,800.00; and WHEREAS, the increase to their base bid grand total disqualified the contractor as low bidder for the project and now ranked them as second lowest bidder and further, the contractor failed to include Addendum #1 for the project at the bid opening; the bid documents clearly stated that all addenda ~must be completed and submitted with the bid"; and WHEREAS, based on the preceding bid deviations, City staff recommends that the original low bid, submitted by Insituform Technologies, Inc., be rejected by Council; and WHEREAS, based on the disqualification of the original lowest bid for the project, the second lowest bid for the project, submitted by Ford Construction Company, Inc., was reviewed by City staff for potential award of the contract and it is staff's opinion that the bid submitted by Ford Construction Company, Inc. is responsive; and WHEREAS, staff, therefore, recommends awarding the contract to Ford Construction Company, Inc. of Lodi, California, in the amount of $278,000.00; and WHEREAS, in order to expedite the contract schedule for the project, City staff recommends that Council authorize the City Manager to execute the contract so project construction can begin almost immediately thereafter; and WHRERAS, the City's Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby reject the bid submitted by Insituform Technologies, Inc., the apparent lowest bidder for the ~Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, Ca. (DR-152)" Project. BE IT FURTHER RESOLVED the city Council does hereby accept bids and award the contract for the "Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, Ca. (DR-152)" Project to the second lowest bidder, Ford Construction Company, Inc. in the amount of $278,000.00. BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $40,000.00 is hereby appropriated from the available fund balance in the Sewer Facilities Replacement Fund as an additional loan to CIP Project Dr-152. Presented by Approved as to form by Director of Public Works ~a~e~ 2 COUNCIL AGENDA STATEMENT ITEM ,/g MEETING DATE t1/14/00 ITEM TITLE: Resolution authorizing an amendment to the Memorandum of Understanding (MOU) with the Chula Vista Police Officers' Association extending the MOU for two years and providing additional compensation and benefits and amending the FY01 budget and appropriating $282,000 from the unappropriated balance of the General Fund. SUBMITTED BY: City Manager (4/Sths Vote: Yes X No ) This item is under negotiation and will be delivered under separate cover. COUNCIL AGENDA STATEMENT Item Meeting Date 11/14/00 ITEM TITLE: Resolution Waiving Grading Deviation Policy, No. 460-02, and authorizing the initiation of proceedings for the transfer of City Open Space property to certain residents within the Bonita Ridge Estates Open Space District No. 4.[,~1 SUBMITTED BY: Director of Public Wor REVIEVVED BY: City Manager~Yc/tg? (4/5ths Vote: Yes No X) The resident at 426 Camino Elevado, Mr. Juan Quintero brought to the City's attention that there exists a discrepancy in the legal lot boundary between his property and the adjacent City owned Open Space lot. After examination, staff determined that there are likely several properties in the this subdivision with rear yards encroaching into the adjacent Open Space lot as result ora failure to process boundary adjustment documents by the developer back in 1974. Ma'. Quintero wishes to process a boundary adjustment document that will correct the boundary discrepancy. Staff is recommending waiving Council Policy 460-02, Grading Deviation Policy, for Mr. Quintero and the other residents with similar boundary problems within the Bonita Ridge Estates Open Space District No. 4 for a period of two years and allowing the residents to process boundary adjustment plats in order to eliminate the discrepancy. RECOMMENDATION: That Council approve the resolution waiving Grading Deviation Policy, No. 460-02, and authorizing the initiation of proceedings for the transfer of City Open Space property to certain residents within the Bonita Ridge Estates Open Space District No. 4. BOARDS/COMMISSIONS RECO1VEVIENDATION: None. DISCUSSION: On May 19, 1998, Mrs. Dawn Quintero approached the City Council to ask if the City would adjust the lot lines between her property located at 426 Camino Elevado and the adjacent City owned Open Space Lot (Council minutes, Exhibit "A'). She contended that the lot lines of her property and her neighbors were wrong because according to the assessor's maps, their rear yards were actually within the adjacent Open Space lot. On June 24, 1998, Juan Quintero was sent a letter by the City Engineer indicating that City staff would recommend to the City Council the relinquishment of the portion of the Open Space lot adjacent to their property up to the top of slope. The letter also indicated that they would be responsible for processing a Lot Line Adjustment Plat through the City (Exhibit "B"). Recently, Mr. Quintero contacted the Engineering Division to inform us he was ready to file for the Lot Line Adjustment Plat. Staff met with Mr. Quintero at his house to investigate the situation and explain the Lot Line Adjustment process. After roughly measuring the lot with Mr. Quintero, it was apparent that there was a problem with the location of the rear lot lines of his property. The rear lot Page 2, Item. / l Meeting Date 11/14/00 line appeared to fall well short of the edge of the flat pad area of his backyard. Further investigation revealed that the lot dimensions shown on the grading plan for this subdivision did not match those shown on the recorded subdivision map. This discrepancy between grading plan and subdivision map appeared on at least 12 additional parcels along the same Open Space lot. On all of the mismatching lots, the subdivision map lots were smaller than the ones shown on the grading plans. This meant that the fiat backyard'areas of these lots were all encroaching into the adjacent Open Space Lot. While the City maintains the Open Space District, these areas have always appeared to be a part of the residents' yards and have been maintained by them. Staff acknowledged the problem to Mr. Quintero and recommended that a public meeting be held among the affected property owners to explain the situation and procedure for adjusting the boundaries of the affected parcels. During its review, staff became aware of Grading Deviation Policy No. 460-02 (Exhibit "C") that appeared to be developed specifically for the grading vs. lot line deviations for this area of the City. The policy lays out the following specific requirements that must be met before the homeowner is able to purchase the property from the City: 1) Site must be found to be eligible for disposition and sale. 2) Obtain the support of the homeowners who comprise the affected open space district by means of a mail-in ballot. 3) Obtain approval from the City's Environmental Review Coordinator by means of a suitable environmental review of the area considered "saleable". 4) Submit an appraisal from a qualified real estate appraiser for the property to be transferred. 5) Prepare proper legal descriptions of the properties involved and submit adjustment plat for City approval. In addition to the above-mentioned steps to acquire the open space property, the policy restricts the use of this property after it's transfer. The use of the property must be compatible with open space. This means the City's landscape architect must approve landscaping on this property and no visibly obtrusive above-ground structures are allowed. Also, the additional open space property shall not be used to determine the floor area ratio, nor may it be used for the purpose of subdividing the original property. Staft believes the Grading Deviation Policy was developed to allow residents to obtain leftover level pad areas within dedicated Open Space contiguous to some properties in order to increase the usable area of their rear yards. The grading deviation at the Quintero's residence and many of their neighbors is of a different nature than those targeted by this policy. These properties do not have adjacent leftover level areas within Open Space but rather the Open Space land appears to encroach into the fiat rear yards of their lots. The City's survey crew verified this by locating the legal lot boundary of Mr. Quintero's property. Pictures of the survey reveal that the rear lot line falls well short of the top of the adjacent slope, which should be the edge of the Open Space lot (Exhibit "D"). Therefore, staff recommends waiving Grading Deviation Policy 460-02 for residents with boundary discrepancies of the nature described above within Bonita Ridge Estates Open Space District No. 4 for a period of two years for the following reasons: l Page 3, Item /q Meeting Date 11/14/00 I) Developer failed to process boundary adjustments. It appears the developer knew of the boundary discrepancy because the grading plans were changed to reflect the proper boundaries, but the subdivision map was never corrected. 2) The portions of the open space property to be adjusted appear to be a part of the adjacent back yards. 3) The portions of the open space property to be adjusted were never maintained by the City as part of the open space lot, 4) Grading Deviation Policy 460-02 was not intended to be a requirement to correct boundary discrepancies such as these. If the recommendation is approved, staff will notify the property owners with the known boundary discrepancies and hold a public forum to explain the steps needed to file boundary adjustment documents. After the boundary adjustment documents are submitted and reviewed, staff will ask for Council approval of the new boundaries and final transfer of the property. All residents in the Bonita Ridge Estates Subdivision have been notified of tonight's agenda item. The Environmental Review Coordinator has determined that the proposed project is exempt pursuant to CEQA, Section 15305, Class 5 (a), Minor Alterations in Land Use Limitations. FISCAL IMPACT: If approved, the City Open Space District will forgo payment for transfer of property from the district to the homeowners. At this time, staff has no way of estimating the total area or value of this property. If approved, staff will require a deposit to cover processing costs of any boundary adjustment documents submitted as a result of this item. Attachments: Exhibit "A" - Council minutes from May 19, 1998 Exhibit "B" - Letter from City Engineer Exhibit "C" - Grading Deviation Policy, 460-02 Exhibit "D" - Pictures of backyard survey SE File: 0600-70-ER~001 I1/8/00 10:08:01 AM H:~HOMEZENGINEER\AGENDAkELEVADO2.SLY.DOC Minutes EXHIBIT "A'' May 19, 1998 Page 2 reportable actions which are required under the Brown Act to be reported. The letter was received and filed. Letter from Juan and Dawn Quintero asking the City to do a land survey and d the assessor's map to not show their property as open space. The item was referred back to staff. Dawn Quintero, 426 Camino Elevado, Bonita, 91902, requested that Council reconsider and look not only at the problem with the boundary lines for her property, but also for her neighbors. The lot lines are wrong in more than just one property according to the grading map and the assessor's parcel map. Her neighbors' property on both sides of her property are in open space. Council minutes provided by City staff show that the subdivision was proposed to have the smallest lot of 7,500 square feet. Her property on the title is less than that. She wanted to know why there are these discrepancies and would like to have the City look into this problem. She requested Council's assistance in this matter. Mayor 8orton stated that because she lived very close to the subject property, she would have to abstain. Mayor Horton left the dais and Mayor Pro Tem Rindone chaired the remainder of the discussion. MS (Padilla/Moot) to refer the item back to staff. John Lippitt, Director of Public Works, stated suaff needed to meet with all the property owners involved. This subdivision map was created in the early 70s through the land development process at that time. Grading deviations were made; it was one of the first Hilltop subdivisions that the City was involved in. There are processes that can be done to correct it, but it does require some private engineering work in order to adjust the boundaries. After this is done, staff can come back to Council with a final report. Since this does involve some research, it will take about sixty days. Ms. Quintero stated in talking with ~he Engineering staff, some steps were laid out for them. One of the steps was getting an engineer and an attorney. Even if they were to spend that money, there was no guarantee that there would be any kind of a favorable adjustment made. She felt that if they invest money, then they hoped they would get a favorable response. Councilmember Moot snared that as far as Council was concerned, she could skip the attorney, but maybe invest the money in doing some engineering work. If there is a problem, he was certain the Council would correct it. VOTE ON MOTION: Motion was approved 4-0~0-1 (Borton abstaining). 5C. Letters of resignation from the Youth Conuuission - Elizabeth Cox and Jim Perondi. The resignations were accepted with regret, and the City Clerk was directed to post the vacancy immediately according to the Maddy Act in the Clerk's Office and the Public Library. P~ESOLUTION 18993 APPROVING THE FIRST ~u~NDMENT TO AG~E~NT FOR CITY OF CHDT~A VISTA POLICE ~4D FIP~E SERVICES ON S~ DIEGO ~IFIED PORT DISTRICT PROPERTY, ~ A~HORIZING ~YOR TO EXEC~E S~E - The City's 1994 agreement with the Port District to provide Police and Fire Protection Services to Port property expired on June 30, 1997. In the Spring of 1997, the City proposed an extension of the agreement as well as an update to some of the cost-related data used to calculate the reimbursement amount. Since that time, the Port District has evaluated the City's proposal and requested some clarification of cost calculation methodology. The First ~endment to the agreement reflects mutual agreement on cost calculation methodology and extends the term of the agreement until June 30, 2000. Per staff's reco~endation, the resolution was approved unanimously 5-0. (Fire Chief and Chief of Police) lu~ 24, 1998 File No. 0600-70-ER001 Juan Quintero 426 Camino Elevado Bo~i. ta, California 91902-2502 LOT LINE.ADffUSTMEI~ AT 426 CAMINO ELEVA_DO This letter is to ¢onfh-m terms and conditions for the lot li~e adjustment of your property as discussed by phone with yourself and Silvester Evetovich, Civil E~agineer on Itme 23, 1998. City staff has agreed to recommend to the City Council the relinquishment of the portion of the Open SpaCe lot adjacent to your property up to the top of the existing slope, provicIkig thai you process the required Lot Line Adjustment Plat through the Engineering Depa, t~ent. The boundary adjustment shall include the direct straight extemions of your two side lot lines with the rear lot line following the approximat,' rim of the existing graded flat terrain. Thar~ you for meeting with Silvester Evetovich and obtaining your Lot Line Adjusmaent Plat submittal requirements. After receivhag your botm,~ry adjustment package, engineering staff will work to process your application as expeditiously as possible. If you should have any questions, please eonmet Sflvester Eveto~'ich, Civil Engineer, at 691-5115. CL~~~ L. iWANSON FOURTH AVE/CHi-JLA VISTA, CALIFORNIA 91910/(619) 691-50;~1 ................. . ,. ~-,. ,,......, · ,.., .,: . '.. '..: · ..,..?.;,.,:,-'.;.'... EXHIBIT "C" COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GRADING DEVIATION POLIcY POLICY EFFECTIVE NUMBER DATE PAGE 460-02 09-23-86 1 OF 4 ADOPTED BY: Resolution No. 12571 [ DATED: 09-23-86 BACKGROUND The preservation of open space areas has been of major concern to the City of Chula Vista for many years. Open space provides the citizens of this community with scenic vistas, preservation of natural resources, outdoor recreation, and other general benefits that enhance the quality of life. On October 17, 1978, City Council adopted Ordinance No. 1836 which established a policy and procedure for the general citizem'y to utilize, for the private use, specific areas within dedicated Open Space. Since that time, there have been requests for allowing encroachments which are not in conformance with the intent of Ordinance No. 1836. A~ a result of grading deviations in Rancho Robinhood District #3; Bonita Ridge Estates District #4; and Bonita Robinhood District #8, there exists leftover level pad areas contiguous to some properties. PURPOSE It is the pm-pose of this policy to provide the procedures and ctiteria to be used to identdy aad to sell City dedicated open space property for the spec~c purpose of correcting grading deviations made at the time of subdivision development. The following Grading Deviation Policy shall be established.: 1. Sites Eligible for Disposition and Sale The following guidelines shall be used to identify those open space areas which may be considered for disposition and sale under this policy: a. The area must be generally flat and smooth as a result of the original grading of the terrain in the subdivision by the developer. b. The area must be adjacent to a residential lot and be a contiguous extension of the graded pad for the lot. c. The area must contain no improvements made by the original developer. d. The bounds of the area would be: 1) the common boundary with the adjacent lot; 2} the direct straight extensions of the two side lot lines of the adjacent lot; and the rim of the graded fla terrain. However, the rim may be deemed by a series of straight lines approximating the actual rim. e. The ~rea must not be obtrusive to adjacent property owners or from the sn'eet. f. The disposition and sale of the area should not disrupt the operation and use of the remaining areas of the open space district. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GRADING DEVIATION POLICY POLICY EFF~ NUMBER DATE PAGE 460-02 09-23-86 2 OF 4 ADOPTED BY: Resolution No. 12751 I DATED: 09-23-86 2. Sites Not Eligible for Sale The following guidelines define those areas which would be excluded from consideration for disposition and sale under the policy: a. Areas which are flat and smooth as a result of natural processes upon the terrain. b. Areas which are sloped as a result of either natural processes upon the terrain or the grading of the terrain. c. The standards for distinguishing between flat and sloped areas under this policy shall be the same ones used by the City Engineer in approving grading plans. 3. Eligible Parties The disposition and sale of open space area under this policy shall be considered a special circumstances exception under Section 2.56.170 of the Municipal Code. Therefore, the disposition and sale may be done without bidding and shall be restricted to only the adjacent property owner of the area considered. 4. Conditions Each area considered will be reviewed, evaluated and processed individually on a case.by-case basis. Sale of open space property will be subject to the following conditions: a. Support of Affected Homeowners The party interested in purchasing open space (applicanO must obtain the support of the homeowners who comprise the affected open space district by means of a marl-in ballot. The results of the mail-in ballot must show a majority (50% plus one) of the respondents in favor of, and supporting the proposed sale. Each lot in the district will be allowed to vote. The mail-in ballot shall be administered by the Office of the City Clerk. The party interested in purchasing the open space land {applicant) shall deposit sufficient funds to cover the cost of the marl-in ballot prior to the start of the process. Final evaluation of the results of the marl-in ballot shall be made by the City Council. b. Control of Reversionary Interests In those districts which are not owned in fee title by the City of Chula Vista, the applicant must provide the City with valid legal proof and verification that they, the applicant, control all reversionary interests, their assigns and successors in interests. COUNCIL POLICY CITY OF CHLD_.A VISTA SUB3-EC'I': GRADING DEVIATION POUCY POLICY ~CFIVE NUMBER DATE PAGE 460-02 09-23-86 3 OF 4 ADOPTU. D BY: Resolution No. 12751 I DATED: 09-23-86 c. Environmental Review ' Each area considered 'saleable' will be subject to an environmental review prior to sale. Consideration for sale shall be subject to the approval of the Environmental Review Coordinatt,r. The applicant shall deposit sufficient funds to cover the cost of the environmental review prior to the start of the process. d. Appraisal In order for the site to be considered for sale, an appraisal of the lot must be made. The applicant must provide the City with the following: (1) The property owner shall have proper legal descriptions prepared to submit to the City for approval. (2) The property owner shall be responsible for preparation of the necessary adjustment plat for City approval. The City shall retain a qualified real estate appraiser to assess property based on the difference of the value of the original developed parcel and the value of the developed parcel after inclusion of the open space property. The applicant shall deposit sufficient funds to cover the cost of appraisal prior to the start of the process. e. Proceeds from the Sale Proceeds derived from the sale of the City's interest in rahe open space property shall be deposited in the reserve fund of the affected open space district. f. Use of the Property The determination of floor area ratio (FAR) will be based upon the original dimensions of the property and shall not include the property acquired from a grading deviation in open space. Furahermore, any property acquired from a grading deviation may not be used for the purpose of subdividing the original property. The use of acquired property must be compatible with open space. These uses man include the planting of turf and shrubs, and landscaping as approved by the City's landscape architect. Trees and any other visibly obtrusive plant material are not permissible. COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GP,~I~G V~,tA~O~ POL~C~' POLICY EFFECTIVE NUMBER DATE PAGE 460-02 09°23-86 4 OF 4 ADOPTg-D BY: Resolution No. 12751 ] DATED: 09-23-86 Retaining walls (not to exceed 18 inches in height}, swimming pools and fences, erected in accordance with zoning and building codes, are permissible. However, visibly obwusive above.ground structures may not be added to the open space area, 5. Purchase Application Procedure In order for the site to be considered for sale, the party interested in purchasing the open space land must: a. Provide proper legal descriptions and adjusunent plat for the City approval. b. Obtain my way of a mail-in-ballot, a majority ($0 percent plus one) of support of the homeowners within the affected open space district who respond to the mail-in-ballot. Deposit of sufficient funds to cover the cost of the mail-in ballot shall be made prior to the start of the process. c. Provide the City with legal verification of control of all reversionary interests, assigns and successors in interests. d. Submit an application for an environmental review, with fee payment due prior to review. e. Submit an application for an appraisal, with fee payment due prior to appraisal. f. Deposit sufficient funds to cover City staff time costs for processing the application prior to the stair of the process. 6. Policy Review This policy shall be reviewed one year after adoption of the resolution approving this policy. EXHIBIT "D" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CR-ULA VISTA WAIVING GRADING DEVIATION POLICY NO. 460-02, AND AUTHORIZING INITIATION OF PROCEEDINGS FOR THE TRANSFER OF CITY OPEN SPACE PROPERTY TO CERTAIN RESIDENTS WITHIN THE BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO. 4 WHEREAS, the resident at 426 Camino Elevado, Mr. Juan Quintero, brought to the City's attention that there exists a discrepancy in the legal lot boundary between his property and the adjacent City owned Open Space lot; and WHEREAS, after examination, staff determined that there are likely several properties in the this subdivision with rear yards encroaching into the adjacent Open Space lot as result of a failure to process boundary adjustment documents by the developer back in 1974; and WHEREAS, Mr. Quintero wishes to process a boundary adjustment document that will correct the boundary discrepancy; and WHEREAS, staff is recommending waiving Council Policy 460-02, Grading Deviation Policy, for Mr. Quintero and the other residents with similar boundary problems within the Bonita Ridge Estates Open Space District No. 4 for a period of two years and allowing the residents to process boundary adjustment plats in order to eliminate the discrepancy for the following reasons: 1. Developer failed to process boundary adjustments. It appears the developer knew of the boundary discrepancy because the grading plans were changed to reflect the proper boundaries, but the subdivision map was never corrected. 2. The portions of the open space property to be adjusted appear to be a part of the adjacent back yards. 3. The portions of the open space property to be adjusted were never maintained by the City as part of the open space lot. 4. Grading Deviation Policy 460-02 was not intended to be a requirement to correct boundary discrepancies such as these. WHEREAS, the Environmental Review Coordinator has determined that the proposed project is exempt pursuant to CEQA, Section 15305, Class 5 (a), Minor Alterations in Land Use Limitations. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive Grading Deviation Policy No. 460-02, and authorizes initiation of proceedings for the transfer of City Open Space property to certain residents within the Bonita Ridge Estates Open Space District No. 4. Presented by Approved as to form by John P. Lippitt ~o~M. Kahe~y Director of Public Works City Attorney IH :IH OM E~,TTO RN E'eR E S O\waive grading policy bonita ridge (November 7, 2000 (10:51am)] 2 COUNCIL AGENDA STATEMENT Item No.: ~tO Meeting Date: 11/14/00 TITLE: Resolution Adopting the Carbon Dioxide Reduction Plan (CO2 Reduction Plan) and Directing Staff to Continue to Implement the Recommended Measures Within the Plan. SUBMITTED BY: Special Operations Manager REVIEWED BY: City Manager ~t~ [~f3fL/ (4/5th Vote: Yes No X ) This item will be shipped under separate cover on Friday, November 9, 2000. COUNCIL AGENDA STATEMENT Item No.: Meeting Date: 11/14/00 TITLE: Resolution Adopting the Carbon Dioxide Reduction Plan (CO2 Reduction Plan) and Directing Staff to Continue to Implement the Recommended Measures Within the Plan. SUBMITTED BY: Director of Planning and Building~ Special Operations Manager REVIEWED BY: City Manager ~.,Fvq. (4/5th Vote: Yes No X ) The CO2 Reduction Plan (Attachment A) is the result of a planning effort by staff and a city task force representing a broad array of interests. Staff and the task force worked with a consultant to develop strategies to reduce carbon dioxide emissions on a local level. Since the City Council's conceptual approval of the CO2 Reduction Plan in February 1997 many of the measures have been successfully implemented. Those measures that remain to be implemented fall into two general categories; 1) Environmental resource management and education, and 2) land use issues. The Environmental Resource Manager has had overall responsibility for the CO2 Reduction Program and is now assigned to the Special Operations Program in the City Managers office. With the Support of the Special Operations Manager the Environmental Resource Manager will continue to focus his energies on those components of the plan that apply to City facilities, assist Departments with the implementation of their respective components of the program, monitor all programs and report the Program's progress to Council and the International Council for Local and Environmental Initiatives (ICLEI). The land use related measures would be implemented primarily by the Planning & Building Department (Attachment B). "Smart Growth" is defined by SANDAG as a compact, efficient, and environmentally sensitive pattern of development that provides people with additional travel, housing, and employment · choices by focusing future growth away from rural areas and closer to existing and planned job centers and public facilities, The City of Chula Vista has been a regional leader in creating and implementing these principles long before the term Smart Growth was popularized. Examples include the neo-traditional pedestrian oriented development in Otay Ranch and the draft Reduction Plan. In an effort to improve implementation of the CO2 Plan, staff recommends that the City Council formally adopt the amended CO2 Reduction Plan and fold the land use measures into a future "City of Chula Vista Sustainable Development Program". The Sustainable Development Program would also address water conservation and other land use related environmental considerations. The program would include important measures identified in the CO2 Reduction Plan as well as other significant environmental issues embraced by ICLEI and the Smart Growth movement. Implementation would fall under three tiers: Page 2, Item No.: Meeting Date: 11/14/00 1. Citywide Level - "Sustainable Development" planning will be accomplished through the City's General Plan Update. 2. Sectional/Community Planning Level "Sustainable Development" planning concepts would be developed and implemented in new SPA Plans and Community Plans. 3. Proiect Level - This level would advocate energy efficiency and CO2 reduction in individual residential and non-residential construction projects. In 1998, a Negative Declaration (IS-98-29) was prepared and presented to the Resoume Conservation Commission (Attachment C). It was also posted with the County Recorder's Office for public review and comment. No comments were received and the Negative Declaration was never adopted by the City Council. Since that time an Addendum to the Negative Declaration (included in Attachment C) was prepared addressing the changes that have occurred in the implementation of the Plan. Staff is now recommending that the City Council adopt the Negative Declaration and the Addendum to IS-98-29. RECOMMENDATION: That Council: 1. Adopt the Negative Declaration and addendum to IS-98-29. 2. Adopt the CO2 Reduction Plan and direct staff to continue to implement recommended measures within the Plan, including the incorporation of the land use related measures into the City's Sustainable Development program. BOARD/COMMISSION RECOMMENDATIONS: Since its inception, the Economic Development Commission, the Resource Conservation Commission, the Growth Management Oversight Commission, the Planning Commission and City Council have reviewed the CO2 Reduction Plan. All Boards/Commissions voiced support £or the Plan although the Economic Development Commission wanted to ensure that the Plan would "not reduce the City's competitive position in terms o£ recruiting, retaining and growing local business." A synopsis of the Board/Commission recommendations is shown in Attachment D. DISCUSSION: The CO: Reduction Plan (hereafter referred to as the "Plan") was developed in 1996 as a tool to reduce the effects of Carbon Dioxide on the environment. Development o£ the Plan included citizen participation through a task £orce representing the development and business community, local and state government and City staff. The Plan consists of twenty action measures intended to promote clean ~uel vehicles, alternatives to driving, transportation efficient land use planning, and energy efficient building construction. In February 1997 the City Council approved the CO: Reduction Plan in concept and directed Page 3, Item No.: Meeting Date: 11/14/00 conceptually approved Plan. This agenda statement identifies alternative measures that have been implemented and those measures that are not recommended for implementation. Since February 1997 the City has been successful in implementing eleven CO: reduction measures. This includes alternative measures that were approved by the City Council in lieu of others listed in the Plan. Specifically, the original Measure 2 (Private Fleet Clean Fuel Vehicle Purchases) was replaced with "Green Power," and original Measure 10 (Reduced Commercial Parking Requirements) was replaced with "Green Power Public Education Program." The remaining nine unimplemented measures have been further reviewed by staff to determine which ones should be pursued, based upon the greatest reduction in CO:, the availability of funding, and ease of implementation. Included in this list are also measures that are not recommended for implementation due to their very low cost/benefit ratios. Staffwill continue to analyze alternative means to efficiently and effectively achieve the CO2 reduction goals these measures represented. Completed or Ongoing Measures Monitored by the Environmental Resource Coordinator: To date staff has commenced or completed eight measures, which are implemented by the applicable Department as noted on Attachment B. 1. Measure 1 - Purchase of Alternative Fuel Vehicles (ON-GOING) This measure is being implemented through Council approval of a Compressed Natural Gas (CNG) fueling and maintenance facilities in the future Corporation Yard as well as the purchase of alternative fuel vehicles during the past three years. The CNG facilities will make it possible to replacement the current fleet of diesel-powered buses and other vehicles in the fleet with CNG powered vehicles. The City's inventory of Alternative Fuel Vehicles currently includes four CNG vans, one car and one propane forklift. The City is also continuing to work with Metallic Power toward the development of a zinc fuel cell demonstration light-duty truck. This effort is funded under a $300,000 grant from the California Energy Commission. 2. Measure 2 - Green Power (ON-GOING) In June 1998 the City joined the SANDAG Power Pool and switched approximately 12 of the highest load consumption meters to "green power" or electricity generated from renewable resources. This resulted in a reduction in CO: emissions in addition to a savings in energy costs. In June 1999 the agreement was renewed and Council authorized the Energy Service Provider (ESP) to switch additional meters to green power. Due to the large number of meters under the Power Pool, the ESP was not able to execute the switch out. As of July 2000, the Power Pool has ceased to operate as an aggregator of renewable energy and all of the switched meters defaulted back to SDG&E Staff is currently in the process of working with several ESP's to identify green electricity purchase options available to the City of Chula Vista. As a result of the land use permit to site a "peeker," power plant, the City has also negotiated with PG&E to receive up to $30,000 in funding and in-kind services to develop photovoltaic (solar) electricity at one City facility. Page 4, Item No.: Meeting Date: 11/14/00 3. Measure 3 - Municipal Clean Fuel Demonstration Project (ON-GOING) The City continues to work with the CalifOrnia Energy Commission (CEC) and SunLine Transit Agency to demonstrate a hydrogen fuel cell transit bus in Chula Vista. In December 1999, the City Council approved a Memorandum of Understanding to implement a multi- year demonstration project. The CEC awarded a $500,000 grant to the City of Chula Vista. The City Council also approved $36,000 in transit funds to further develop the program and pursue Department of Energy funds. In February 2000 the U.S. Department of Energy (DOE) awarded the CEC $500,000 in grant funding to demonstrate hydrogen generation technology in California. The CEC in turn will award an additional $500,000 in matching funds to the City of Chula Vista for the demonstration project. 3. Measure 4 - Telecommuting and telecenters (CLOSED) In 1993 the San Diego Air Pollution Control District proposed a mandatory rule for employers to develop a Transportation Demand Management Plan. In response to the impending rule a pilot Telecommuting Program for City employees was developed. The program resulted in several City employees that currently telecommute today and continues to be encouraged. In 1993 the City initiated its involvement in the statewide Caltrans sponsored Neighborhood Telecenters Program. In 1994 the H Street Telecenter opened followed by the opening of the Downtown Telecenter in 1995. At its height, both Telecenters served approximately 50 participants from over 25 organizations. After fours years of operation, the Telecenters were not able to generate enough revenue to be self-sufficient. Outside funding was exhausted and the facilities were closed. Staff will continue to pursue the development and implementation of an alternate means of generating the CO2 reduction lost by the cancellation of this component of the program. 5. Measure 5 - Municipal Building Upgrades and Trip Reduction (ON-GOING) Retrofits were implemented at all city facilities by upgrading lights, many HVAC systems and other appliances with energy-saving devices that have resulted in reduction of energy costs and consumption. Additional HVAC and other improvements will be made, as major capital items are schedule to be replaced or refurbished. Staff continues to work with SDG&E, the San Diego Energy Office and other contractors to identify energy efficiency opportunities for new construction and renovation projects with a goal of exceeding Title XXIV requirements by 15% to 20%. Contributing to the reduction of vehicle miles traveled by City employees and customers is the addition of the Building Departments eastern office and permitting process via the Internet. Staff is also in the process of expanding opportunities for the public to use the City's website to access information and communicate with staff without traveling to the Civic Center and other City facilities. The Environmental Resource Manager will include as a part of his work plan the development and implementation of a Van/Car Pool Program for City Employees. 6. Measure 10 - Green Power Public Education Program (COMPLETED) In June 1998 staff was directed to develop a public education program for Chula Vista residents. The program provided information about renewable power choices specifically relating to green power. Information was published in the local newspaper, sent with trash bills and is still today provided at various special events. In the future that information will be Page 5, Item No.: Meeting Date: 11/14/00 available on the City's web site where it can be updated and linked to information regarding other CO2 reduction options for their home and business. In addition, a global warming education module has been successfully implemented in the Chula Vista Elementary School District. This module educates elementary aged school children about the harmful effects of CO2 in the atmosphere. 7. Measure 16 - Traffic Signal and System Upgrades (ONGOING) The City changed all 1874 red lamps in its traffic signals to LED lamps, resulting in a 33% savings in energy costs and a reduction of 1,599 tons CO2. Using light-emitting diode technology to replace incandescent lamps in traffic signals has saved the City over $80,000 per year. This effort also involved the City purchase of street lamps from SDG&E. The payback was approximately 2.5 years on a total investment of $250,000. Traffic Division staff continues to work with SDG&E to identify change out opportunities for green lamps. 8. Measure 17 - Student Transit Subsidy (NOT IMPLEMENTED) This measure encourages transit subsidies for post-secondary students to mitigate new development related to area impact. Funding continues to be difficult to obtain. Staff will pursue an outside funding source and potentially more cost-effective ways to achieve the CO2 projected from this component. 9. Measure 19 - Municipal Life-Cycle Purchasing Standards (ONGOING) This measure involves the inclusion of life-cycle energy costs as a selection criteria in a comprehensive purchasing policy for energy-consuming equipment. The policy has lead to the purchase of a number of green star appliances and building design or equipment changes that promote energy efficiency. Measures Recommended for Implementation Through Programs Administered by Planning and Building Department A number of the measures found in the CO2 Reduction Plan are directly related to land use and can be implemented under one of three levels within the proposed "Sustainable Development Program," Citywide, Sectional/Community Planning, and Project levels. At the Citywide level, the feasibility of the land use measures will be reviewed as a part of the upcoming General Plan update. The final work program for the General Plan update is being developed and will go forward to the City Council for review and approval in the near future. As part of this work program, staff will be proposing a Citywide "Land Use Distribution Study" which will evaluate possible locations for development near transit stations or other major activity centers, where mixed uses and higher density residential development will be considered. At the Sectional/Community Planning Level, staff will be updating the guidelines for preparation of Air Quality Improvement Plans, which are already required to be prepared for all new projects at the SPA plan level of review. Page 6, Item No.: Meeting Date: 11/14/00 A major component of the Program at the Project Level will be the development of programs such as the Energy Efficient Building Program (also known as the Chula Vista GreenStar Building Incentive Program). This program is being designed to significantly reduce carbon dioxide emissions by utilizing construction materials and practices, which raise energy efficiency. It is recommended that the City Council direct staff to include the following ten measures in future planning efforts including the General Plan update and implementation. 1. Measure 6 - Enhanced Pedestrian Connections to Transit (CITYWlDE LEVEL) Installation of direct, convenient walkways and crossings between bus stops and surrounding land-uses. 2. Measure 7 Increased Housing Density Near Transit (CITYWIDE LEVEL) Consideration of increases in residential land use designations to reach an average of 14 - 18 dwelling units per acre or more within a quarter mile of major transit routes and stops, where adequate public services can be provided. 3. Measure 8 - Site Design with Transit Orientation (CITYWDE LEVEL) Placement of buildings and circulation routes to emphasize transit, including bus turn-outs and other stop amenities. 4. Measure 9 - Increased Land Use Mix (CITYWlDE LEVEL) Consideration of greater dispersion of a wide variety of land uses, such as siting of neighborhood commercial uses in residential areas, and inclusion of housing in commercial and light industrial areas where adequate public services can be provided. 5. Measure 11 - Site design with Pedestrian/Bicycle Orientation (SECTIONAL / COMMUNITY PLANNING LEVEL, ONGOING) Staff has been implementing this measure in several areas of the City through applicable land use standards. It encourages the placement of buildings and circulation routes in key areas and includes bike paths, bike racks and pedestrian benches. 6. Measure 12 - Bicycle Integration with Transit and Employment (ONGOING) This measure encourages employers and transit providers to provide bike storage at major transit stops and employment areas and includes bike racks on buses. Employers are also encouraged to provide showers at major transit nodes. 7. Measure 13 - Bicycle Lanes, Paths and Routes (SECTIONAL/COMMUNITY PLANING LEVEL, ON-GOING'} Staff has continued to implement the City's Bikeway Master Plan, adopted in 1996. To date 67 miles of the planned 150 mile bikeway system have been completed with an additional 93 miles of lanes necessary to complete the existing Master Plan. In order to incorporate current information and accommodate future needs an update to the Bikeway Master Plan will be required. In addition a Bikeway Feasibility Study for the Chula Vista Greenbelt Master Plan will be developed. Page 7, Item No.: Meeting Date: 11/14/00 8. Measure 14 - Energy Efficient Landscaping (SECTIONAL/COMMUNITY PLANNING LEVEL) This measure promotes the "strategic planting," of shade trees for new single- family residences as part of an overall city-wide tree planting effort to reduce ambient temperatures, smog formation, energy use and COs. The development of energy efficient landscape amendments and an update of the landscape manual are necessary to accomplish this measure. 9. Measure 15 - Solar Pool Heating (UNDER REVIEW) This measure calls for a mandatory building code requirement for solar heating or optional motorized insulated pool covers for new pools. Staff has found that in the majority of pools being constructed, heating is only utilized for the spa, due to the high cost associated with both installation and utilization. Solar heating cannot produce the temperatures necessary to heat a spa and the benefit of a mandatory requirement is questionable. Staff will develop a list options that will help new pool permit applicants meet the COs reduction goals should they choose to heat their pool. 10. Measure 18 Energy Efficient Building Program (PROJECT LEVEL) Reduces carbon dioxide emissions by developing building programs that are a minimum of 20% more energy efficient than Title 24 Energy Code requirements. Builders are encouraged to voluntarily incorporate energy efficient features in their projects and are rewarded for their commitment with priority permit processing and recognition awards. This program, also known as the "GreenStar' Building Incentive Program requires third party energy inspections and CO2 measurements to gauge the success of the program once completed. 1 I. Measure 20 - Increased Employment Density Near Transit (CITYWlDE LEVEL) Increase in land use and zoning designations to focus employment- generating land uses within a quarter mile of major transit stops. FISCAL IMPACT: The ongoing costs of implementation of the "Smart Growth" program are difficult to determine since most of the measures are currently or will be a part of other City activities. The majority of the costs incurred will be in staff time. In the spring of 1997 the City was awarded an $80,000 grant from the Environmental Protection Agency to develop the GreenStar Building Incentive Program. The grant provided funds that are enabling a contract employee to design and administer the program. Future implementation of "GreenStar" will require outside assistance in order to provide accurate COs measurements within participating project sites; however, the grant provides for such contractual services. A grant of $500,000 was also secured to fund the majority of the costs associated with the Municipal Clean Fuel (Bus) Demonstration Project. A matching grant of $500,000 is anticipated from the California Energy Commission in the near future. 2g> '7 Page 8, Item No.: Meeting Date: 11/14/00 Staff will return to Council early next year with further information as to how implementation will be programmed. Attachments A. CO2 Reduction Plan B. CO2 Reduction Plan Measures C. Negative Declaration IS-98-29 and Addendum to IS-98-29 D. Board/Commission Recommendations (MTM: CO2 Program-CAS-Adopt-co2-pl~n) EXHIBIT A On file in the City Clerk's Office 20-9 ATTACHMENT 'C' ADDENDUM TO IS-98-29) (Initial Study for CO2 Reduction Plan) PROJECT NAME: Chula Vista CO2 Reduction Plan PROJECT LOCATION: Citywide PROJECT APPLICANT: City of Chula Vista CASE NO.: IS-98-29 · DATE: October 30, 2000 I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report (EIR) if one of the following conditions is present: 1. The minor changes in the project design which have occunced since completion of the Negative Declaration have not created any new significant environmental impacts not previously addressed in the Negative Declaration. 2. Additional or refined information available since completion of the Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Negative Declaration. This addendum has been prepared in order to specifically provide additional information and analysis concerning potential overall impacts regarding the implementation of twenty action measures within the CO2 Reduction Plan including the incorporation of land use related measures into a "City of Chula Vista Smart Growth" Program. Initial Study 98-29 (IS-98-29) analyzed the impact of the adoption of this policy document to address emissions of carbon dioxide (CO2) and its potential impacts to global warming trends. The analysis included the implementation of eight policies and nineteen action measures to guide the day to day municipal actions toward the stated goal. This addendum focuses entirely on the proposed implementation of the 20 action measures listed in the Plan following Plan adoption. Staff is not proposing any changes regarding the implementation of the eight policies of the CO2 Reduction Plan. As a result of this analysis, the basic conclusions of the Initial Study have not changed. No impacts were previously identified in IS-98-29 and no impacts are identified with the proposed implementation plan for the twenty action measures listed in the CO2 Reduction Plan. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to IS-98-29. II. PROJECT DESCRIPTION IS-98-29 analyzed nineteen measures o£the CO2 Reduction Plan for implementation following Plan adoption. The project is now £or City Council adoption of the CO2 Reduction Plan and an implementation program for all twenty measures listed in the Plan. This implementation program includes two alternative measures that were conceptually approved by the City Council in 1997. In addition, two measures included in the Plan are not recommended for implementation at this time. Eleven measures listed in the CO2 Reduction Plan have been implemented over the last several years. The remaining nine measures have been reviewed by staff to determine which would be pursued based on the greatest reduction in CO2, the availability of funding, and ease o£ implementation. · - Implementation of Alternative Measures Measure 2--Private Fleet Green Fuel Vehicle Pumhase Measure. Green Power has been implemented as an alternative to the Private Fleet Green Fuel Vehicle Purchase Measure. In June 1998 the City joined the San Diego Regional Power Pool and switched a limited number of its meters to "green power". The agreement was renewed in 1999 and 400 additional meters were switched. Measure lO--Reduced Commercial Parking Requirements. The Green Power Public Education Program has been implemented as an alternative to the Reduced Commemial Parking Requirements. In June 1998 staffwas directed to develop a public education program for Chula Vista residents. The program provided information to residents about renewable power choices relating to green power. Measures not Recommended for Implementation Measure 15--Solar Pool Heating and Measure 17--Student Transit Subsidy are not currently being recommended for implementation due to their very low cost/benefit ratio. Implementation through the Environmental Resoume Manager Implementation of the following nine measures has either been conunenced or completed. These measures will continue to be implen~ented through the Environmental Resource Manager who is responsible for the overall implementation of the CO2 Reduction Plan. 1. Measure 1--Purchase of Alternative Fuel Vehicles (Implementation On-going) 2. Measure 2--Green Power, former Private Fleet Clean Fuel vehicle Purchase (Implementation On-going) 3. Measure 3 Municipal Clean Fuel Demonstration Project (Implementation On-going) 4. Measure 4~Telecommuting and Telecenters (Completed/Closed) 5. Measure 5~unicipal Building Upgrades and Trip Reduction (Implementation On-going) 6. Measure 10~Green Power Public Education Program, former Reduced Commercial Parking Requirement (Completed) h:\home\planning\lindab\eir8302.adm Page 2 7. Measure 12--Bicycle Integration with Transit and Employment (Implementation On-going) 8. Measure 16 Traffic Signal and System Upgrades (Implementation Completed) 9. Measure l~Mtmicipal Life-Cycle Purchasing Standards (Implementation On-going) Implementation through the "Smart Growth" Program The proposed project now includes the implement the following nine measures through the "Smart Growth" Program administered by the Planning and Building Department. These measures are directly related to growth and would be included in the General Plan update and implementation. The measures have been divided into three levels within the proposed "Smart Growth" Program, Citywide, Sectional/Community Planning, and Project Level. · ' At the Citywide level the feasibility of the land use measures will be reviewed as a part of the upcoming General Plan update. The Sectional/Community Planning Level Will list measures included under the General Plan update to be implemented as part of the new SPA Plans and through any General Plan Amendment/Rezones in the various communities. A major component of the "Smart Growth" Program at the project level will be the development of programs such as the Energy Efficient Building Program (AKA Chula Vista GreenStar Building Incentive Program). 1. Measure 6~Enhanced Pedestrian Connection to transit (Citywide Level) 2. Measure 7--Increased Housing Density Near Transit (Citywide Level) 3. Measure 8 Site Design with Transit Orientation (Citywide Level) 4. Measure 9--Increased Land Use Mix (Citywide Level) 5. Measure 11--Site Design with PedestriarffBicycle Orientation (Sectional/Community Planning Level, Implementation On-going) 6. Measure 13--Bicycle Lanes, Paths and Routes (Sectional/Community Planning Level, Implementation On-going) 7. Measure 14 Energy Efficient Landscaping (Sectional/Community Planning Level) 8. Measure 18--Energy Efficient Building Program (Project Level) 9. Measure 20~Increased Employment Density Near Transit (Citywide Level) III. PROJECT SETTING The project setting is citywide IV. COMPATIBILITY WITH ZONING AND PLANS The adoption of the CO2 Reduction Plan is consistent with the City's General Plan. Compatibility with the General Plan for the implementation of measures under the "Smart Growth" Program will be evaluated as part of the General Plan update. VI. IDENTIFICATION OF ENVIRONMENTAL EFFECTS The adoption and implementation of the CO2 Reduction Plan will not have a significant environmental effect. h:\home\planning\lindab\eir8302.adm Page 3 VI. CONCLUSION Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed adoption and implementation of the CO2 Reduction Plan will result in only minor technical changes or additions which are necessary to make IS-98-29 adequate under CEQA. M~arilyn~l~.F. Ponseggi, ' Environmental Review Coordinator REFERENCES 1998 Chula Vista C02 Reduction Plan Council Agenda Statement (10/30/00) CONSULTATION Jim Sandoval, Planning and Building Department Mary Venables, Planning and Building Department h:\home\planning\lindab\eir8302.adm Page 4 negative'- declaration PROJECT NAME: CO2 Reduction Plan PROJECT LOCATION: Citywide ASSESSOR'S PARCEL NO.: Citywide PROJECT APPLICANT: City of Chula Vista CASE NO: IS-98-29 DATE: May 13, 1998 A. Pro)ect Setting The project setting is citywide. B. Project Description The project is the proposed City of Chula Vista CO2 Reduction Plan. The City proposes the adoption of this policy document to address the growing worldwide concern with the emissions of carbon dioxide (CO2) and its potential impacts to global warming trends. The CO2 Reduction Plan provides for a specific goal, policies and action measures that are aimed at carbon dioxide emissions in a coordinated and cost-effective manner. The CO2 Plan has as its primary goal to: Reduce Chula Vista' s CO2 emissions to 80% of 1990 levels by the year 2010. This would be the equivalent of reducing CO2 emissions by 400,000 tons in the year 2010, compared to projected emission levels without any municipal action. In pursuit of this goal, the City proposes eight policies and nineteen action measures that will help guide the day to day municipal actions toward the stated goal. The eight proposed policies are as follows: 1. Include CO2 emissions and global warming impacts as determinant in policy- making and program administration related to the long-term sustainability of the coreanunity. 2. Meet the energy needs of the community with a portfolio of low carbon intensity resources, preferably local-based efficiency improvements and renewable resources. 3. Treat transportation as the highest priority CO2 action area because of its high CO2 emissions, significant potential for savings, and major environmental and economic improvement opportunities. 1 city of (:hula vista planning department environmental review se=tion. ? [ 11 4. Use land-use planning and development standards to shape a built environment that minimizes travel needs and maximizes access to non-auto travel modes. 5. Implement cost-effective energy efficiency in new and existing residential and non- residential buildings. 6. Exercise municipal leadership by implementing cost-effective energy efficiency in public facilities and services, including use of life-cycle energy economics as a selection criterion when purchasing energy-using devices and constructing municipal facilities. 7. Provide ongoing support for cooperative regional planning related to energy efficiency and global warming. 8. Monitor CO2 reduction progress, and revise and updated the CO2 plan at least every five years. The core of the CO2 reduction action plan is the set of 19 measures recommended for implementation following plan adoption. The action measures are estimated to cause the reduction of CO2 production by 100,000 tons per year by 2010. These measures are estimated to cost about $25 million in capital outlays, and another $5 million in annual ' operating and maintenance expenses over the next years until the year 2010. This total implementation cost of approximately $95 million is contrasted against a total savings estimate of $130 million by 2010. These savings are projected to include $16 million in reduced energy expenses; about $5 million in avoided CO2 damage; and about $109 million in avoided auto/truck driving expenses (using a cost coefficient of .71 per mile). It is anticipated that both costs and savings will be shared by many stakeholders in the community, including municipal government, businesses, homeowners, and other regional organizations. Following are the nineteen action measures: 1. Municipal clean fuel vehicle purchases. 2. Private fleet clean fuel vehicle purchases. 3. Municipal clean fuel demonstration projects. 4. Telecommuting and telecenters. 5. Municipal building upgrades and employee trip reduction. 6. Enhanced pedestrian connections to transit. 7. Increased housing density near transit. 8. Site design with transit orientation. 9. Increased land-use mix. 10. Site design with pedestrian/bicycle orientation. I 1. Bicycle integration with transit and employment. 12. Bicycle lanes, paths, and routes. 2 13. Energy efficient landscaping. 14. Solar pool heating. 15. Traffic signal and system upgrades. 16. Student transit subsidy. 17. Greenstar building efficiency program. 18. Municipal life-cycle purchasing standards. 19. Increased employment density near transit. C. Com_natibility with Zoning and Plans The adoption of the CO2 Reduction Plan is consistent with the City's General Plan. When specific action measures are proposed for adoption, such as increased housing density near transit and increased land-use mix, consistency with the City's General Plan will need to be determined. D. Analysis The City of Chula Vista has already initiated several individual projects aimed at reducing CO2 levels. These projects involve the purchase of alternative fuel vehicles, the installation of energy efficient lighting in municipal buildings, public awareness campaigns with regards to transportation and energy alternatives and the establishment of two telecenters aimed at reducing work trips by local employees. An important objective of this policy plan is to integrate these ongoing projects into the CO2 reduction strategy and also to advance the momentum these efforts have provided with the full participation and support of the community (residents, business, schools etc.) and strong local political leadership. The policy plan also has reviewed numerous funding options that would be applied to implement the proposed action measures. Eight of the proposed action measures (enhanced pedestrian connections to transit, increased housing near transit, site design with transit orientation, increased land-use mix, site design with pedestrian/bicycle orientation, bicycle lanes, paths and routes, energy efficient landscaping and increased employment density near transit) can be classi,fied as land use policy statements that can be incorporated into the general plan, specific plans, the zoning and subdivision ordinance, and site design review criteria. Overall, these eight measures would account for 49.29 % of the total C02 savings. Some of these measures such as bicycle lanes paths and routes have been implemented citywide. Other measures such as increased land-use mix and increasing housing near transit points have been implemented through adopted specific plans like the Otay Ranch Specific Development Plan. Measures that would result in increased housing densities and land-use mix citywide, would need to receive additional environmental review. 3 It is anticipated, however, that the implementation of the CO2 Reduction Plan would result in great benefits to the environment. Initially, some of the action measures would result in general fiscal impacts to the participants as some of the actions include the purchase of alternative clean fuel vehicles and traffic signal and system upgrades. After careful monitoring to evaluate clean fuel vehicle performance it is anticipated that the results would be clearly beneficial in terms of energy and CO2 savings. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. F. Mitigation Necessary to Avoid Significant Effects No mitigation is necessary G. Consultation 1. Individuals and Organizations City of Chula Vista: Doug Reid, Planning Barbara Reid, Planning Samir Nuhaily, Engineering Duane Bazzel, Planning Benjamin Guerrero, Planning Ken Larsen, Director of Building & Housing Rod Hastie, Fire Department Richard Preuss, Crime Prevention Joe Gamble, Parks & Recreation Dept. Peggy McCarberg, Acting Deputy City Attorney Chula Vista City School District: Dr. Lowell Billings Sweetwater Union High School District: Katy Wright Applicant's Agent: City of Chula Vista Planning Department 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code City of Chula Vista Proposed CO2 Reduction Plan 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Depau hnent, 276 Fourth Avenue, Chula Vista, CA 91910. ENVIRO~VI~NTAL REVIEW COORDINATOR EN 6 (Rev. 5/93) Case No. IS-98-29 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 276 Fourth Ave. ' (619) 691-3080 4. Name of Proposal: CO2 Reduction Plan 5. Date of Checklist: May 12, 1998 Potentially PotenUally Significant Less than gigniUcant Unless gignificant No Impact Mitigated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or [] [] [] [] zoning? b) Conflict with applicable environmental [] [] [] [] plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations [] [] [] [] (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement [] [] [] [] of an established community (including a low-income or minority community)? Comments: The proposed policy plan is consistent with the City of Chula Vista's General Plan. Future implementation actions which might be recommended such as amending the General Plan to allow increased housing densities and land use mix would receive additional environmental review. Page No, I Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or [] [] [] [] local population projections? b) Induce substantial growth in an area either [] [] [] [] directly or indirectly (e.g., through projects in an undeveloped area or exte..nsion of major infrastructure)? c) Displace existing housing, especially [] [] [] [] affordable housing? Comments: The proposed policy plan would not induce population growth or displace housing. One policy plan action measure would allow for increased housing densities for those areas adjacent to major transit routes and transit stations. This measure would help shift the anticipated natural population growth of the City into areas served by public transit and thus avoid extensive use of the automobile. This measure and other measures dealing with increased land-use mix would receive additional environmental review once proposed for implementation through the general plan amendment process. No adverse impacts to population or housing are noted at this time. No mitigation is required. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in [] [] [] [] geologic substructures? b) Disruptions, displacements, compaction or [] [] [] [] overcovering of the soil? c) Change in topography or ground surface [] [] [] [] relief features? d) The destruction, covering or modification [] [] [] [] of any unique geologic or physical features? e) Any increase in wind or water erosion of [] [] [] [] soils, either on or off the site? Page No. 2 - !1- I Potentially Potentially Signi!icant Less than Significant Unless Significant Mo Impact Mitigated Impact Impact f) Changes in deposition or erosion of beach [] [] [] [] sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic [] [] [] [] hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? comments: The adoption of the City of Chula Vista CO2 Reduction Plan would not cause any geophysical impacts. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage [] [] [] [] patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water [] [] [] [] related hazards such as flooding or tidal c) Discharge into surface waters or other [] [] [] [] alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in [] [] [] [] any water body? e) Changes in currents, or the course of [] [] [] [] direction of water movements, in either marine or fresh waters? 0 Change in the quantity of ground waters, [] [] [] [] either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of [] [] [] [] groundwater? Page No. 3 Potentially Potentially Significant Less than Significant Unless Significant No Impact hlitigated Impact Impact h) Impacts to groundwater quality? [] [] [] [] i) Alterations to the course or flow of flood [] [] [] [] waters? j) Substantial reduction in the amount of [] [] [] [] water otherwise available for public water supplies? Comments: The adoption of the above cited policies would not cause any specific impacts to water. V. AIR QUALITY. Would the proposah a) Violate any air quality standard or [] [] [] [] contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] [] [] c) Alter air movement, moisture, or [] [] [] [] temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [] [] [] e) Create a substantial increase in stationary [] [] [] [] or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The purpose of adopting the proposed policy plan would be to reduce the annual amounts of CO2 emissions into the atmosphere and thus alleviate poor air quality conditions. No adverse impacts to air quality are noted. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic [] [] [] [] congestion? b) Hazards to safety from design features [] [] [] [] (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Page No. 4 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact c) Inadequate emergency access or access to [] [] [] [] nearby uses? d) Insufficient parking capacity on-site or off- [] [] [] [] site? e) Hazards or barriers for pedestrians or [] [] [] [] bicyclists? f) Conflicts with adopted policies supporting [] [] [] [] alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] [] [] h) A "large project" under the Congestion [] [] [] [] Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: The CO2 Reduction Policy Plan would propose numerous action measures related to transit and transportation matters. All of these measures would be aimed at encouraging alternative transit modes to the use and reliance on the automobile. Some of these measures would relate to the purchase of clean fuel vehicles. Other measures would propose enhancing pedestrian access to transit resources. Other measures propose increased bicycle lanes, paths and routes. Yet another measure would permit the implementation of a signal automation and timing program to prevent congestion and excessive idling of vehicles and the wasteful deceleration and acceleration movements associated with unsychronized signal lights. No adverse impacts to transportation are noted. No mitigation is necessary. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of [] [] [] [] concern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] [] [] [] trees)? c) Locally designated natural communities [] [] [] [] (e.g, oak forest, coastal habitat, etc.)? Page No. 5 Potentially Potentially Significant Less than Significant Unless Significant No impact Mitigated Impact Impact d) Wetland habitat (e.g., marsh, riparian and [] [] [] [] vernal pool)? e) Wildlife dispersal or migration corridors? [] [] [] [] ir) Affect regional habitat preservation [] [] [] [] planning efforts? Comments: The adoption of this policy plan would not adversely impact biological resources within the Ci~ of Chula Vista. Future implementation actions which might involve physical impacts to biolbgically sensitive areas would receive additional environmental review. VIII. ENERGY AND MINERAL RESOURCES. Would the proposak a) Conflict with adopted energy conservation [] [] [] [] plans? b) Use non-renewable resources in a wasteful [] [] [] [] and inefficient manner? c) If the site is designated for mineral resource [] [] [] [] protection, will this project impact this protection? Comments: The proposed policy plan would not conflict with any energy conservation plans. The proposed measures would increase building energy efficiency, save on the cost of fuels that create CO2 emissions, promote the use of clean fuel vehicles and the use of solar pool heating. The proposed plan would promote the conservation of energy and mineral resources. No adverse impacts are noted. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of [] [] [] [] hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency [] [] [] [] response plan or emergency evacuation plan? Page No. 6 Potentially Potentially Significant Less than Significant Unless Significant go Impact Mitigated Impact Impact, c) The creation of any health hazard or [] [] [] [] potential health hazard? d) Exposure of people to existing sources of [] [] [] [] potential health hazards? e) Increased fire hazard in areas with [] [] [] [] flammable brush, grass, or trees? Comments: The adoption of the proposed policy plan would not create any known health hazards. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? [] [] [] [] b) Exposure of people to severe noise levels? [] [] [] [] Comments: The adoption of the proposed policy plan would not expose residents to increases in noise levels. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? [] [] [] [] b) Police protection? [] [] [] [] c) Schools? [] [] [] [] d) Maintenance of public facilities, including [] [] [] [] roads? e) Other governmental services? [] [] [] [] Comments: The adoption of the proposed policy plan would not adversely impact public services but would seek to encourage the use of public transit modes and less dependence on the use of the automobile. Page No, 7 Potentially Potentially Significant Less than Significant Unless Significant No Impact l~itigated Impact Impact XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not adversely impact any of the established Threshold Standards. a) Fire/EMS [] [] [] [] The Threshold Standards requires that fire and medical units must be able to resp'-ond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista Fire Department indicates that this threshold standard will be met with the construction of this new fire station facility. Comments: As the project is the adoption of policy, the threshold standards do not apply. b) Police [] [] [] [] The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. Comments: As the project is the adoption of policy, the threshold standards do not apply. c) Traffic [] [] [] [] The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. Comments: As the project is the adoption of policy, the threshold standards do not apply. d) Parks/Recreation [] [] [] [] The Threshold Standard for Parks and Recreation is 3 acres/I,000 population. This Threshold Standard does not apply to the proposed project. Comments: As the project is the adoption of policy, the threshold standards do not apply. Page No. 8 Potentially Potentially Significant Less than Significant Unless Significant No Irnpaet Mitigated Impact Impact e) Drainage [] [] [] [] The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. Comments: A.s the project is the adoption of policy, the threshold standards do not apply. t) Sewer [] [] [] [] The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. Comments: As the project is the adoption of policy, the threshold standards do not apply. g) Water [] [] [] [] The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Comments: As the project is the adoption of policy, the threshold standards do not apply. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? [] [] [] [] b) Communications systems? [] [] [] [] c) Local or regional water treatment or [] [] [] [] distribution facilities? Page No. 9 Potentially Potentially Significant Less than Significant Unless Significant Ho Impact ~litigated Impact Impact d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] [] [] [] f) Solid waste disposal? [] [] [] [] Comments: This adoption of the proposed policy plan will not result in a need for new systems, nor result in alterations in any utilities. No adverse impacts are noted. No mitigation is required. XIV. AESTHETICS. Would the proposah a) Obstruct any scenic vista or view open to [] [] [] [] the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a [] [] [] [] scenic route? c) Have a demonstrable negative aesthetic [] [] [] [] effect? d) Create added light or glare sources that [] [] [] [] could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 197 e) Reduce an additional amount of spill light? [] [] [] [] Comments: As the project is the adoption of policy, no adverse impacts to aesthetics are anticipated. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of [] [] [] [] or the destruction or a prehistoric or historic archaeological site? Page No. 10 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact b) Will the proposal result in adverse physical [] [] [] [] or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to [] [] [] [] cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious [] [] [] [] or s.acred uses within the potential impact area? e) Is the area identified on the City's General [] [] [] [] Plan EIR as an area of high potential for archeological resources? Comments: As the project is the adoption of policy, no adverse impacts to cultural or paleontological resources are anticipated. XVI. PALEONTOLOGICAL RESOURCES. [] [] [] [] Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: See above. XVII. RECREATION. Would the proposah a) Increase the demand for neighborhood or [] [] [] [] regional parks or other recreational facilities? b) Affect existing recreational opportunities? [] [] [] [] c) Interfere with recreation parks & [] [] [] [] recreation plans or programs? Comments: As the project is the adoption of policy, no adverse impacts to parks or recreational resources are anticipated. Page No. 11 Potentially Potentially Significant [,ess than Significant Unless Significant No Impact Mitigated Impact Impact X-VIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completea[ a) Does the project have the potential to [] [] [] [] degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: As the project is the adoption of citywide policy, there are no site specific impacts. Therefore, the project does not have the potential to reduce the habitat of a fish or wildlife species. b) Does the project have the potential to [] [] [] [] achieve short-term, to the disadvantage of long-term, environmental goals? Comments: The project conforms to all long-term goals/plans for this area with regards to the reduction of air pollutants and therefore will not achieve short term environmental goals to the disadvantage of long-term goals. c) Does the project have impacts that are [] [] [] [] individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Page No. 12 1I - I Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact Comments: The project does not have any impacts that are individually limited, but cumulatively considerable. Specific implementation action measures that may involve general plan amendments in regards to land use will undergo additional environmental review. d) Does the project have environmental effect [] [] [] [] which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: ~he analysis contained in the Initial Study found no evidence indicating the project will cause adverse impacts to humans. The adoption of the CO2 Reduction Plan will potentially produce beneficial environmental effects to human beings. If the proposed action measures are implemented in a timely manner, this would result in an 80% reduction of the CO2 emissions produced in 1990 by the year 2010. Even without the benefits of carbon dioxide reduction, these proposed policies if implemented would reduce energy consumption and aim toward a more pedestrian friendly and integrated city. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: No mitigation will be required. Page No. 13 XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. [] Transportation/Circulation [] Public Services [] Land Use and Planning [] Population and [] Biological Resources [] Utilities and Service Housing Systems [] Geophysical [] Energy and Mineral [] Aesthetics Resources [] Water [] Hazards [] Cultural Resources [] Air Quality [] Noise [] Recreation [] Mandatory Findings of Significance Page No. 14 XXI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the [] environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the [] environment, {here will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the [] environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the [] environment, but at least one effect: l) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the [] environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. ~nnvir~mental R~iew Coordinator City o-f Chula Vista Page No, 15 ATTACHMENT D BOARD/COMMISSION RECOMMENDATIONS Resource Conservation Commission (RCC) - Reviewed the CO2 Reduction Plan on January 20, 1997 and voted (7-0-1) to support the CO2 Reduction Plan with the following recommendations: 1. Replace measure 10 - Reduced Commercial Parking Requirements with "The Development of a Public Education effort to increase awareness of the issue within the community and educational institutions. 2. Prioritize the implementation of Measure 16 - Traffic Signal and System Upgrades. 3. Incorporate appraisal of CO2 impacts of all new planning projects as part of the environmental review process. 4. That City Council look at impacts of overall CO2 from international sources (i.e., transboundary traffic, Mexican power production) and track legislation that supports reduction from those sources. Economic Development Commission (EDC) - Reviewed the CO2 Reduction Plan on January 8, 1997, forwarded a letter of concern to Council, and recommended the following: 1. Prior to adoption of ordinances or other mandatory actions, establish a Stakeholders Committee to oversee implementation of each measure, and analyze the economic impact upon applicable industries/businesses. 2. Avoid creating an additional bureaucracy to implement these measures. 3. Avoid setting mandates, whenever possible; set goals and objectives, and offer incentives to encourage compliance. 4. Measures requiring educational efforts to increase business and/or community awareness should be analyzed in terms of cost to the City or to the business community. Planning Commission - On February 12, 1997 staff and the Chair of the Citizens Task Force presented the plan to the Commission. The Planning Commission complimented the City for its efforts but took no position. Growth Management Oversight Commission (GMOC) - On May 18, 1998 in a special joint meeting/workshop of the City Council, GMOC and the Planning Commission the GMOC Annual Report was accepted. The report encouraged the Council to adopt the CO2 Reduction Plan and direct staff to prioritize the Plan's measures. In more recent Annual Reports the GMOC has discussed the CO2 Reduction Plan and maintains support of the concept but has not formally recommended adoption the Plan by Council. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CARBON DIOXIDE REDUCTION PLAN (CO2 REDUCTION PLAN) AND DIRECTING STAFF TO CONTINUE TO IMPLEMENT RECOMMENDED MEASURES WITHIN THE PLAN WHEREAS, the City Council of the City of Chula Vista has nrade a strong commitment to the reduction of carbon dioxide emissions in the region through participation in the international Council of Local Environmental Initiatives (ICLEI); and WHEREAS, the Carbon Dioxide Reduction Plan was developed by a city task three and staff in 1996 as a tool to reduce thc effects of carbon dioxide on the environment at a local level: and WHEREAS. at a Special Meeting/Worksession of the City Council of the City of Chula Vista held in 1997 the City Council granted conceptual approval of the draft Carbon Dioxide Reduction Plan and directed staff to proceed with formal review and approval: and WHEREAS, staff is recommending adoption of the Carbon Dioxide Reduction Plan and continued implementation of the measures within the plan, including the incorporation of the land use related measures into the City's Sustainable Development Program: and WHEREAS, Negative Declaration IS-98-29 and an addendum to lS-98-29 was prepared by City staff for the Carbon Dioxide Reduction Plan according to the provisions of CEQA: NOW, TIfEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find the Negative Declaration IS-98-29 and addendum to IS-98-29 have been prepared m accordance ~vith the requirements of CEQA and the Environmental Review procedures of the City and hereby adopts the Negative Declaration and addendum. BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby adopt the Carbon Dioxide Reduction Plan and directs staff to continue to tmplement recommended measures within the Carbon Dioxide Reduction Plan, including the incorporation of the land use related measures into the City's Sustainable Development Program.. Presented by Approved as to fo~Tn by Director of Planning an¢ Building Joh~/~[. Kahen~ ~) - Cl~y Attorney